Brooks Farms, Inc. v. Agricommodities, Inc. et al

Filing 34

ORDER construing 33 Response as a Motion for Voluntary Dismissal; ORDER granting 28 MOTION for Leave to File Amended Complaint; Plf shall file, on or before 5/27/2013, an Amended Complaint, as further set out in order; further ORDERED as follows: (1) Plf's 33 Motion to Voluntarily Dismiss H&L Partners, Inc. pursuant to FRCP 41(a)(2) is GRANTED; (2) Dft H&L Partners, Inc. is hereby DISMISSED from this action with prejudice; (3) Dft H&L Partners, Inc.'s pending 31 Motion to be Voluntarily Dismissed is DENIED AS MOOT. Signed by Honorable Judge Mark E. Fuller on 5/22/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
BROOKS FARMS, INC.,
Plaintiff,
v.
AGRICOMMODITIES, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CASE NO. 1:13-cv-28-MEF
(WO – Do Not Publish)

ORDER
Before the Court is Plaintiff’s unopposed Motion for Leave to File an Amended
Complaint (Doc. #28), in which Plaintiff requests permission to amend the Complaint to
name H&L Transports, Inc., a subsidiary of previously named Defendant H&L Partners, Inc.
(“H&L Partners”), as the proper party in interest. H&L Partners has filed a response to
Plaintiff’s motion, in which it indicates that it does not oppose Plaintiff’s motion to amend
its complaint and urges Plaintiff to file a motion to voluntarily dismiss it as a party to this
action. (Doc. #31.) In its Response to Defendant H&L Partners’ Motion to Voluntarily
Dismiss (Doc. #33), which the Court construes as a motion for voluntary dismissal pursuant
to Federal Rule of Civil Procedure 41(a)(2), Plaintiff requests that the Court dismiss H&L
Partners from this action with prejudice. (Doc. #33, at 2.)
There being no objection, and pursuant to this Court’s obligation under Federal Rule
of Civil Procedure 15(a)(2), it is hereby ORDERED that Plaintiff’s Motion for Leave to File
an Amended Complaint (Doc. #28) is GRANTED. Plaintiff shall file, on or before May 27,

2013, an Amended Complaint, which reflects the proper party in interest. The Amended
Complaint must comply with Rule 15.1 of the Local Rules for the United States District
Court for the Middle District of Alabama for Civil and Criminal Cases, which provides in
pertinent part: “Any amendment to a pleading . . . whether filed as a matter of course or upon
a motion to amend, must, except by leave of Court, reproduce the entire pleading . . . as
amended, and may not incorporate any prior pleading . . . by reference.”
It is further ORDERED as follows:
(1) Plaintiff’s motion to voluntarily dismiss H&L Partners, Inc. pursuant to Federal
Rule of Civil Procedure 41(a)(2) (Doc. #33) is GRANTED.
(2) Defendant H&L Partners, Inc. is hereby DISMISSED from this action with
prejudice.
(3) Defendant H&L Partners, Inc.’s pending Motion to be Voluntarily Dismissed
(Doc. #31) is DENIED AS MOOT.
DONE this the 22nd day of May, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2