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)

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