Clark v. Wal-Mart Stores, Inc.

Filing 33

ORDER finding as moot 31 Motion for Hearing; granting 30 Motion for Substitution of Plaintiff. Ordered by Judge Hugh Lawson on 2/25/2009. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION DONNA SNIPES CLARK, Plaintiff, v. WAL-MART STORES EAST LP, Defendant. : : : : : : : : : :

Civil Action No. 7:07-CV-172(HL)

ORDER
Plaintiff died on or about November 9, 2008. Jerome Clark and Michelle Kastelic, as Co-Administrators of the Estate of Donna Snipes Clark, have filed a Motion for Substitution of Plaintiff (Doc. 30). As required by Federal Rule of Civil Procedure 25, they have also filed a Motion for Hearing (Doc. 31). Defendant has filed a Stipulation (Doc. 32) waiving its right to a hearing. Thus, the Motion for Hearing is denied as moot. In addition, it appears to the Court that Defendant, having waived its right to a hearing, consents to the substitution of these parties for Plaintiff. As a result, the Motion for Substitution of Plaintiff is granted. If Defendant objects to the granting of this Motion, it shall file a Motion for Reconsideration within ten (10) days of the entry of this Order. SO ORDERED, this the 25th day of February, 2009.

s/ Hugh Lawson HUGH LAWSON, Judge
dhc