Tyrrell v. Orkin Pest Control et al

Filing 11

ORDER: approving the # 10 Stipulation to Amend the Caption and to Voluntary Dismiss defendant Rollins, Inc., with prejudice pursuant to FRCvP 41(a)(1)(A)(ii) without costs to any party. The caption shall be amended as noted herein to identify Orkin LLC as the proper party defendant. Signed by Magistrate Judge David E. Peebles on 9/25/2012. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KIMBERLY TYRRELL, Plaintiff, STIPULATION AND ORDER Civil Action No: 6:12-CV-0537 (GTS/DEP) ORKIN PEST CONTROL, ORKIN COMMERCIAL SERVICES and ROLLINS, INC., Defendants. WHEREAS, the Plaintiff commenced this action against the Defendants, claiming personal injuries as the result of an Orkin service provider's application of pesticides; and WHEREAS, the Complaint incorrectly names "Orkin Pest Control" and "Orkin Commercial Services" as Defendants in this action; and WHEREAS the proper party name for the Orkin entity at issue in this litigation is "Orkin, LLC"; and WHEREAS Defendant Rollins, Inc. is not a proper party to this action; and WHEREAS issue has been joined in the matter, but the parties mutually desire to name the proper party defendant and release any other party from this matter; IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned, the attorneys of record for the parties to the above-entitled action, that 1. The Plaintiff s action against Defendant Rollins, Inc. shall be and hereby is voluntarily dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), without costs to any party; and 2. The caption shall be amended as follows to identify Orkin LLC as the proper party defendant: {HI813304.1} KIMBERLY TYRRELL, DATED?~Jq,2012 2012 DATED: n:~NCO¢.KEsTABROOK, LLP SO ORDE·RE]): Dated: August __ ,2012 September 25, 2012 2

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