Heimerman v. Old Republic Insurance Company et al

Filing 9

MEMORANDUM AND ORDER granting 8 Motion to Substitute Party Old Republic Insurance Company for Old Republic Contractor Insurance Group, Inc. Signed by Magistrate Judge Gerald L. Rushfelt on 7/9/2018. (ydm)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
PAMELA HEIMERMAN, individually, as
surviving spouse and heir at law of Daniel
Joseph Heimerman, deceased,
Plaintiff,
v.
NORTHERN CLEARING, INC., and OLD
REPUBLIC CONTRACTOR INSURANCE
GROUP, INC.,
Defendants.

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MEMORANDUM AND ORDER
Before the Court is the parties’ Joint Motion to Substitute Real Party in Interest Old
Republic Contractor Insurance Group, Inc. for Old Republic Insurance Company (ECF 8). The
parties ask the Court to order the substitution pursuant to Fed. R. Civ. P. 17(a)(3). Under that rule,
the Court may allow a real party in interest to be substituted into the action. Therefore, the Court
finds that real party in interest Old Republic Contractor Insurance Group, Inc. shall be, and hereby
is, substituted for Old Republic Insurance Company as defendant. All references in this lawsuit to
“Old Republic Insurance Company”—whether in previous pleadings or in the caption of future
pleadings—shall be deemed to refer to Old Republic Contractor Insurance Group, Inc.
IT IS SO ORDERED.

Dated: July 9, 2018

s/Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge