Mitchell v. Davis et al

Filing 51

ORDER granting 47 Motion to Substitute Party. Signed by Magistrate Judge F. Keith Ball on 3/18/19 (RBM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
KENNYADA MITCHELL
v.

PLAINTIFF
CIVIL ACTION NO. 3:18-cv-159-DPJ-FKB

LISA DAVIS, in her individual and
official capacity, HAZLEHURST
CITY SCHOOL DISTRICT, and
JOHN DOES 2-10

DEFENDANTS
ORDER

This case is before the Court on the motion of Harold J. Barkley, Jr., Bankruptcy Trustee
for the Estate of Kennyada Mitchell, for the Substitution of Bankruptcy Trustee as Plaintiff/Real
Party in Interest [47]. Pursuant to Fed. R. Civ. P. 17(a) and 25(c), the Court finds that the motion
should be, and is hereby, granted.1
Accordingly, the Court orders that Harold J. Barkley, Jr., Bankruptcy Trustee for the Estate
of Kennyada Mitchell, be substituted in place of Kennyada Mitchell as the plaintiff. All pleadings
filed after the entry of this Order shall be styled, “Harold J. Barkley, Jr., Bankruptcy Trustee for
the Estate of Kennyada Mitchell v. Lisa Davis, in her individual and official capacity, Hazlehurst
City School District, and John Does 2-10.”
SO ORDERED, this the 18th day of March, 2019.

/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE

The Court notes Defendants’ position that any judgment the Court may eventually award the Trustee should be
limited to the amount allowed in unpaid claims of Mitchell’s unsecured creditors in her Bankruptcy Estate. [49] at 1.
The Court makes no finding as to that issue. Defendants are instructed to file a separate motion should they believe a
ruling is necessary.
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