Opinion
Civil Action No. 98-cv-01641-REB-BNB.
May 19, 2006
ORDER
This matter is before me on the Defendant Gateway, Incorporated's Motion to Join Temple-Inland As Plaintiff Capitol Packaging, Inc.'s Successor In Interest [Doc. # 227, filed 5/15/06] (the "Motion"). The Motion seeks an order pursuant to Rule 25(c), Fed.R.Civ.P., joining Temple-Inland, Inc., as the successor in interest to plaintiff Capitol Packaging Corporation.
Rule 25(c) requires that a motion to join a party as successor in interest be served on the party to be joined "as provided in subdivision (a) of this rule," which requires service "upon persons not parties in the manner provided in Rule 4." No proof of service of the Motion upon Temple-Inland, Inc., has been provided.
IT IS ORDERED that defendant Gateway, Incorporated ("Gateway"), shall file on or before June 1, 2006, proof of service of the Motion on Temple-Inland, Inc.
IT IS FURTHER ORDERED that Temple-Inland shall serve a copy of this order on Temple-Inland, Inc., on or before June 1, 2006, and provide proof of that service promptly thereafter.
IT IS FURTHER ORDERED that Temple-Inland shall respond to the Motion on or before June 21, 2006.