Pankey et al v. Western Arkansas Rock, Inc. et al

Filing 76

ORDER granting 64 Motion to Substitute Party; granting 72 Motion to Withdraw; 65 Motion to Dismiss Party withdrawn. Signed by Honorable Susan O. Hickey on September 8, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TERRELL PANKEY and
SMITH COUNTY STONE, LLC
VS.

PLAINTIFFS
Civil No. 4:13-cv-4046

WESTERN ARKANSAS ROCK, INC., et al

DEFENDANTS
ORDER

Before the Court is Plaintiffs’ Motion to Substitute Party. (ECF No. 64). The Court has been
notified of the death of Defendant Billy Joe Duffield, and his death was suggested upon the record on
August 20, 2014. Pursuant to Federal Rule of Civil Procedure 25, Plaintiffs request that Mable Ernestine
Duffield, Administratrix of Billy Joe Duffield’s estate, be substituted for Defendant Billy Joe Duffield.
The Court has been notified that Billy Joe Duffield’s counsel, Tony DiCarlo, has no objection to the
motion to substitute. (ECF No. 72). Mr. DiCarlo will serve as counsel for the Estate of Billy Joe
Duffield.
Upon consideration, the Court is satisfied that good cause for the motion has been shown.
Accordingly, the Court finds that the motion (ECF No. 64) should be and hereby is GRANTED. Mable
Ernestine Duffield, representative of the estate of Billy Joe Duffield, shall be substituted for Defendant
Billy Joe Duffield in this matter.
Defendant Billy Joe Duffield’s Motion to Withdraw (ECF No. 72) his Motion to Dismiss (ECF
No. 65) should be and hereby is GRANTED.
IT IS SO ORDERED, this 8th day of September, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge