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Nelson v. Cemex Construction Materials Atlantic, LLC, 1:18CV201. (2018)

Court: District Court, W.D. North Carolina Number: infdco20180914j83 Visitors: 11
Filed: Sep. 13, 2018
Latest Update: Sep. 13, 2018
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . This matter is before the Court on a Motion to Substitute Parties (# 14). Charles Nelson, Jr., as Executor of the Estate of Dixie Gilbert Nelson, moves this Court to enter an order substituting the Estate of Dixie Gilbert Nelson for the deceased Plaintiff, Dixie Gilbert Nelson. Id. at 1. It appears to the Court that the named Plaintiff is deceased and Charles Nelson, Jr. has been duly appointed and is qualified and acting as the executor of her
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ORDER

This matter is before the Court on a Motion to Substitute Parties (# 14). Charles Nelson, Jr., as Executor of the Estate of Dixie Gilbert Nelson, moves this Court to enter an order substituting the Estate of Dixie Gilbert Nelson for the deceased Plaintiff, Dixie Gilbert Nelson. Id. at 1. It appears to the Court that the named Plaintiff is deceased and Charles Nelson, Jr. has been duly appointed and is qualified and acting as the executor of her estate. If further appears to the Court that the cause of action survies the death of the named Plaintiff.

Considering the foregoing, the Motion to Substitute Parties (# 14) is GRANTED. The Court DIRECTS that Charles Nelson, Jr., as Executor of the Estate of Dixie Gilbert Nelson, deceased, is hereby substituted as Plaintiff, and this substitution shall be hereafter reflected in the title of this action.

Source:  Leagle

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