Opinion
Case No: 3:11-1164
01-05-2012
RUBEN B. PRUITT, Plaintiff, v. CONNECTICUT VALLEY ARMS, INC., Defendant.
ANGELA R. HOOVER, #023692 Ainley, Hoover, Clark & Hoover, PLLC Attorneys at Law Attorney for Plaintiff WILLIAM B. JAKES, III, #010247 Howell & Fisher, PLLC JAMES E. SINGER Bovis, Kyle & Burch Attorneys for Defendant
U.S. District Judge Kevin H. Sharp
Magistrate Judge John S. Bryant
ORDER
This cause came before the Court by a Joint Motion for Substitution of Party filed by both Plaintiff and Defendant. The parties wish to substitute Blackpowder Products, Inc. for the current named Defendant, Connecticut Valley Arms, Inc. The Defendants consent to the substitution, which indicates that they will not be prejudiced by the substitution. The incorrect Defendant was named because the muzzleloader was sold under the "Connecticut Valley Arms tradename.
IT IS ORDERED that the Joint Motion for Substitution is granted. The Clerk shall remove Connecticut Valley Arms, Inc. as the Defendant and substitute Blackpowder Products, Inc. in its place. The Plaintiff shall amend the complaint to name Blackpowder Products, Inc. as the Defendant no later than January 15, 2012. The amendment will relate back to the date of the original pleading pursuant to F.R.C.P. 15(c)(1).
IT IS SO ORDERED.
MAGISTRATE JUDGE JOHN S. BRYANT APPROVED FOR ENTRY:
ANGELA R. HOOVER, #023692
Ainley, Hoover, Clark & Hoover, PLLC
Attorneys at Law
Attorney for Plaintiff
WILLIAM B. JAKES, III, #010247
Howell & Fisher, PLLC
JAMES E. SINGER
Bovis, Kyle & Burch
Attorneys for Defendant