Stoval et al v. Whirlpool Corporation et al

Filing 17

ORDER granting 16 Motion for Substitution of Party. Ordered by Judge Hugh Lawson on 9/29/2010. (nbp)

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Stoval et al v. Whirlpool Corporation et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION EDDIE STOVAL and GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY, : : : : Plaintiffs, : : : : v. : : WHIRLPOOL CORPORATION and SEARS : HOLDINGS MANAGEMENT : CORPORATION : : Defendants. : _______________________________ : Civil Action No. 5:10-CV-301 (HL) ORDER B e fo re the Court is the joint motion of plaintiffs and defendants for substitution of p a rty (Doc. 16). The parties wish to substitute Sears, Roebuck and Co. for the current n a m e d defendant Sears Holding Management Corporation, Inc. T h e defendants consent to the substitution, which indicates that they will not be p re ju d ic e d by the substitution. It also appears that the incorrect defendant was named b e c a u s e of a mistake by the plaintiffs, not because of a tactical maneuver by the plaintiffs. Therefore, the motion to substitute is granted (Doc. 16). The clerk shall remove S e a rs Holding Management Corporation, Inc. as a defendant and substitute Sears, R o e b u c k and Co. in its place. The plaintiffs shall amend the complaint to name Sears, R o e b u c k and Co. as the defendant no later than October 6, 2010. The amendment will re la te back to the date of the original pleading pursuant to Federal Rule of Civil Procedure 1 5 ( c ) (1 ) . S O ORDERED, this the 29th day of September, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE lm c

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