ADAMS et al v. WAL-MART STORES INC

Filing 17

ORDER granting 16 Motion to Substitute Party Defendant. Ordered by Judge Hugh Lawson on 10/27/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
VONDA ADAMS and
WALTER ADAMS, individually
and as husband and wife,
Plaintiffs,
v.
WAL-MART STORES, INC.
Defendants.

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CIVIL ACTION FILE NO.
7:11-cv-116-HL

ORDER
It appearing to the Court that Wal-Mart Stores East, LP is the correct corporate
Wal-Mart Defendant, by consent of the parties and for good cause show, it is hereby
ORDERED that Wal-Mart Stores East, LP shall be substituted as a Defendant
in lieu of Wal-Mart Stores, Inc. The caption shall be amended to reflect that WalMart Stores East, LP is the sole corporate Wal-Mart Defendant. Plaintiffs need not
file an Amended Complaint or Summons to reflect this substitution, and Defendant
Wal-Mart Stores East, LP need not file any further Answer. The previously filed
Complaint by Plaintiffs naming Wal-Mart Stores, Inc. shall be deemed the Complaint
against Wal-Mart Stores East, LP. The previously filed Answer of Wal-Mart Stores,
Inc. shall be binding on Wal-Mart Stores East, LP. Defendant Wal-Mart Stores East,

LP has waived any defense based on service of process or insufficiency of process,
and the Complaint does not have to be served on the new defendant.
SO ORDERED this 27th day of October, 2011.
s/Hugh Lawson
The Honorable Hugh Lawson
U.S. District Court, Middle District of
Georgia, Valdosta Division

CONSENTED TO:
FONVIELLE LEWIS
FOOTE & MESSER

/s/ Andrei Antohi
Andrei Antohi, Esq.
Attorneys for Plaintiffs

MCLAIN & MERRITT, P.C.

/s/ Albert J. DeCusati
Albert J. DeCusati, Esq.
Attorneys for Defendant