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In re NC Swine Farm Nuisance Litigation, 5:15-CV-00013-BR (2016)

Court: District Court, E.D. North Carolina Number: infdco20160504d28 Visitors: 21
Filed: May 03, 2016
Latest Update: May 03, 2016
Summary: ORDER GRANTING PLAINTIFF'S MOTION TO SUBSTITUTE ROBERT B. JONES, Jr. , Magistrate Judge . This matter comes before the undersigned on the motion of the movant, Annie Doris Johnson, surviving spouse and Administratrix of the Estate of Allen Thomas Johnson, requesting that she be substituted as Plaintiff. Pursuant to Rule 25 of the Federal Rules of Civil Procedure, the Plaintiffs have filed a suggestion of death reflecting that Plaintiff Allen Thomas Johnson had died. The Court notes that the
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ORDER GRANTING PLAINTIFF'S MOTION TO SUBSTITUTE

This matter comes before the undersigned on the motion of the movant, Annie Doris Johnson, surviving spouse and Administratrix of the Estate of Allen Thomas Johnson, requesting that she be substituted as Plaintiff. Pursuant to Rule 25 of the Federal Rules of Civil Procedure, the Plaintiffs have filed a suggestion of death reflecting that Plaintiff Allen Thomas Johnson had died. The Court notes that the Plaintiffs represent that Annie Doris Johnson is duly qualified to act as the Administratrix of the Estate, Rule 25(a)(1) provides for substitution upon the death of a party, and that counsel for the Defendant has consented to the motion.

Wherefore, the Court hereby grants the motion and orders that for purposes of the long-form caption ofthe matter, and the claim for Allen Thomas Johnson, the caption should be modified to substitute for the Plaintiff Allen Thomas Johnson, the following: "Annie Doris Johnson, as Administratrix of the Estate of Allen Thomas Johnson."

So ordered.

Source:  Leagle

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