Dalton v. Town of Silver City et al

Filing 229

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND CASE CAPTION by Magistrate Judge Gregory B. Wormuth granting 228 Plaintiff's Unopposed Motion to Amend Case Caption. (emm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KARRI DALTON, as personal
representative of THE ESTATE OF
NIKKI BASCOM, deceased, and next
friend to A.C., a minor child, and
Matthew Bascom,
Plaintiffs,
v.

Civ. No. 17-1143 WJ/GBW

TOWN OF SILVER CITY, et al.,
Defendants.
ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION
TO AMEND CASE CAPTION
THIS MATTER comes before the Court on Plaintiff’s Unopposed Motion to
Amend Case Caption (“the Motion”). Doc. 228. As grounds for the Motion, Plaintiff
states that Matthew Bascom, who was a minor at the time the Complaint was filed, has
reached 18 years of age and desires to proceed as a named Plaintiff for the settlement of
the case. See id. at ¶¶ 3-7. Accordingly, Plaintiff request the Court to replace “Karri
Dalton as Next Friend to M.B.” in the caption with “Matthew Bascom.” Id. at 2.
Having reviewed Plaintiff’s Motion, noting Defendants’ lack of opposition, and
being fully advised, the Court will GRANT the Motion. The parties agree that Matthew
Bascom has reached the age of maturity. See id. at ¶¶ 5, 7. When a minor plaintiff
reaches the age of majority, it is appropriate for the Court to order substitution of the

formerly-minor plaintiff’s name for that of a next friend and add the formerly-minor
plaintiff as a plaintiff in the case. See, e.g., Heard v. Thomas, No. 2:20-cv-2335-MSN-cgc,
2022 WL 1431083, at *2 (W.D. Tenn. May 5, 2022); Walker v. Evans, No. 10-12596, 2011
WL 3583248, at *1 (E.D. Mich. Aug. 15, 2011); Theno v. Tonganoxie Unified Sch. Dist. No.
464, 377 F. Supp. 2d 952, 952 n.1 (D. Kan. 2005).
IT IS HEREBY ORDERED that Plaintiff’s Unopposed Motion to Amend Case
Caption (doc. 228) is GRANTED. The Clerk is DIRECTED to remove Karri Dalton as
Next Friend to M.B. as a party (while retaining Karri Dalton as Next Friend to A.C.) and
substitute Matthew Bascom in her place. All future filings shall reflect this change.
IT IS SO ORDERED.

_____________________________________

GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE

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