Opinion
Civil Action 4:24-cv-00045-GHD-JMV
05-14-2024
Harry M. McCumber (MSB #10632) Morgan & Morgan, PLLC ATTORNEY FOR PLAINTIFF Clint D. Vanderver (MSB #101997) Wells Marble & Hurst, PLLC ATTORNEY FOR DEFENDANTS
Harry M. McCumber (MSB #10632)
Morgan & Morgan, PLLC
ATTORNEY FOR PLAINTIFF
Clint D. Vanderver (MSB #101997)
Wells Marble & Hurst, PLLC
ATTORNEY FOR DEFENDANTS
AGREED ORDER SUBSTITUTING PROPER PARTY IN INTEREST AND AMENDING THE CAPTION OF THIS MATTER
THIS MATTER having come before the Court upon the agreed motion ore tenus of the parties to substitute the proper entity as the correct defendant in this action and to amend the caption and docket to reflect the same, and the parties having executed this Order to signify their agreement thereof, the Court finds that the motion is well-founded and should be, and hereby is, GRANTED.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the proper party to be substituted in this action shall be VARIETY WHOLESALERS, INC. and that Rose's Stores, Inc. and Variety Stores, LLC are hereby dismissed, without prejudice, from this action.
IT IS FURTHER ORDERED AND ADJUDGED that the Answer and Affirmative Defenses to Plaintiffs Amended Complaint filed by Roses Stores, Inc. and Variety Stores, LLC (Doc. 6) will be treated as Variety Wholesalers, Inc.'s Answer and Affirmative Defenses to Plaintiffs Amended Complaint and that Variety Wholesalers, Inc. is not required to further respond to Plaintiffs Amended Complaint.
IT IS FURTHER ORDERED AND ADJUDGED that the clerk shall make all necessary changes on the docket to reflect the substitution of VARIETY WHOLESALERS, INC. as the proper party in interest and to amend the caption to reflect the following style of the case: Christin Murphree v. Variety Wholesalers, Inc. and John Does 1-10.
SO ORDERED AND ADJUDGED.