Opinion
Civil Action 3:23-cv-00432-SA-RP
01-05-2024
SHANNON SELLERS PLAINTIFF v. ARIZONA BEVERAGES USA, LLC DEFENDANT
David C. Dunbar Lauren T. Carpenter S. Ray Hill, III, Esq.
David C. Dunbar
Lauren T. Carpenter
S. Ray Hill, III, Esq.
AGREED ORDER FOR SUBSTITUTION OF PARTIES
THIS CAUSE came on before the Court on the Unopposed Motion for Substitution of Parties, The Court, being fully advised in the premises, finding that it has jurisdiction over the parties and the subject matter herein, being advised that the parties are in agreement, finds as follows:
1. Arizona Beverages USA, LLC's (“Arizona”) only alleged connection to this matter is that Arizona licenses and sells the product, “Arizona Arnold Palmer Lite” (the “Beverage”).
2. The proper party to the Plaintiffs civil action is U.S. Beverage Packers, LLC (“USBP”). USBP is the company responsible for bottling the Beverage.
3. Accordingly, the Court, being advised of the premises, finds that the Unopposed Motion for Substitution of Parties is well taken and should be granted.
IT IS, THEREFORE, ORDERED AND ADJUDGED that Defendant, Arizona Beverages USA, LLC is hereby dismissed without prejudice from this matter and U.S. Beverage Packers USA, LLC will be substituted as the proper defendant.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff shall file her amended complaint by or within ten (10) days following the date of entry of an order granting the Unopposed Motion for Substitution of Parties and that U.S. Beverage Packers, LLC shall file its answer and affirmative defenses to Plaintiffs amended complaint by or within ten (10) days following the date of Plaintiff filing the amended complaint.
IT IS FURTHER ORDERED AND ADJUDGED that the style of this civil action, henceforth, shall read “Shannon Sellers vs. U.S. Beverage Packers, LLC.”
SO ORDERED.