Opinion
Civil Action No: 6:12-CV-0537 (GTS/DEP)
09-25-2012
KIMBERLY TYRRELL, Plaintiff, v. ORKIN PEST CONTROL, ORKIN COMMERCIAL SERVICES and ROLLINS, INC., Defendants.
STIPULATION AND ORDER
Whereas, the Plaintiff commenced this action against the Defendants, claiming personal injuries as the result of an Orkin service provider's application of pesticides; and
Whereas, the Complaint incorrectly names "Orkin Pest Control" and "Orkin Commercial Services" as Defendants in this action; and
Whereas the proper party name for the Orkin entity at issue in this litigation is "Orkin, LLC"; and
Whereas Defendant Rollins, Inc. is not a proper party to this action; and
Whereas issue has been joined in the matter, but the parties mutually desire to name the proper party defendant and release any other party from this matter;
It is Hereby Stipulated and Agreed, by and between the attorneys for the undersigned, the attorneys of record for the parties to the above-entitled action, that
1. The Plaintiff's action against Defendant Rollins, Inc. shall be and hereby is voluntarily dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(l)(A)(ii), without costs to any party; and
2. The caption shall be amended as follows to identify Orkin LLC as the proper party defendant:
KIMBERLY TYRRELL, Plaintiff,
vs.
ORKIN, LLC, Defendants.
Civil Action No: 6:12-CV-0537
(GTS/DEP)
ANDERSON, MOSCHETTI & TAFFANY, PLLC
By: _______________________________
David. Taffany, Esq. (Bar Roll No. 10271) Attorneys for Plaintiff
HANCOCK ESTABROOK, LLP
By: _______________________________
Ashley D. Hayes, Esq. (Bar Roll No. 511333)
James P, Youngs; Esq. (Bar Roll No. 515029)
Attorneys Jar Defendants
IT IS SO ORDERED: ________________________
David E. Peebles
U.S. Magistrate Judge