Middleton v. Alabama CVS Pharmacy, L.L.C.

Filing 10

ORDER directing as follows: (1) Mr. Middleton's 7 Motion to Substitute Parties is GRANTED; (2) Mr. Middleton's 8 Motion for Leave to Amend is GRANTED; (3) The Clerk of Court is DIRECTED to substitute James L. Middleton, Administrator and Personal Representative of the Estate of the late James Hoyt Middleton, as the proper party plaintiff in the style of this case and throughout the record. Signed by Honorable Judge Mark E. Fuller on 5/22/13. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES HOYT MIDDLETON,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
ALABAMA CVS PHARMACY,
L.L.C.
Defendant.

CASE NO. 2:13-cv-190-MEF
(WO – Do not publish)

ORDER
Now pending before the Court are James L. Middleton’s (“Mr. Middleton”) unopposed
Motion to Substitute Parties (Doc. #7) and Motion for Leave to Amend (Doc. #8), in which Mr.
Middleton requests that he, as Administrator and Personal Representative of the Estate of the
late James Hoyt Middleton, be substituted as the proper party plaintiff in this matter. Having
found that Mr. Middleton has satisfied the requirements of Federal Rule of Civil Procedure
25(a)(1), which governs the substitution of parties where the claim is not extinguished by the
death of a party, it is hereby ORDERED as follows:
(1) Mr. Middleton’s Motion to Substitute Parties (Doc. #7) is GRANTED.
(2) Mr. Middleton’s Motion for Leave to Amend (Doc. #8) is GRANTED.
(3) The Clerk of Court is DIRECTED to substitute James L. Middleton, Administrator
and Personal Representative of the Estate of the late James Hoyt Middleton, as the proper party
plaintiff in the style of this case and throughout the record.
DONE this the 22nd day of May, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE