American Select Insurance Company v. Natural Blend Vegetable Dehydration, LLC et al

Filing 51

CONSENT ORDER granting 47 Motion for Entry of Consent Order. The caption of this action is hereby amended to substitute Manry-Rawls, LLC in place of Manry-Rawls Corporation where the latter appears in the caption. Manry-Rawls Corporation is hereby dismissed from this action without prejudice. Counsel is reminded to read the order in its entirety. Signed by United States Magistrate Judge Robert T. Numbers, II on 5/30/2018. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
EASTERN DIVISION
NO. 4:17-CV-178-BR
NO. 4:17-CV-178-BR
AMERICAN SELECT INSURANCE
AMERICAN SELECT INSURANCE
COMPANY,
COMPANY,
Plaintiff,
Plaintiff,
v.
v.
NATURAL BLEND VEGETABLE
NATURAL BLEND VEGETABLE
DEHYDRATION, LLC and THE
DEHYDRATION, LLC and THE
HANOVER AMERICAN INSURANCE
HANOVER AMERICAN INSURANCE
COMPANY,
COMPANY,
Defendants,
Defendants,
NATURAL BLEND VEGETABLE
NATURAL BLEND VEGETABLE
DEHYDRATION, LLC,
DEHYDRATION, LLC,
Cross-Claimant,
Cross-Claimant,
v.
v.
THE HANOVER AMERICAN
THE HANOVER AMERICAN
INSURANCE COMPANY,
INSURANCE COMPANY,
Cross-Defendant,
Cross-Defendant,
and
and
NATURAL BLEND VEGETABLE
NATURAL BLEND VEGETABLE
DEHYDRATION, LLC,
Third-Party Plaintiff,
v.
v.
INDUSTRIAL, SILOSOURCE, INC.;
INDUSTRIAL, SILOSOURCE, INC.;
MOLE-MASTER SERVICES
MOLE-MASTER SERVICES
CORPORATION; MANRY-RAWLS
CORPORATION; and SIA GROUP, INC.,
CORPORATION; and SIA GROUP, INC.,
Third-Party Defendants.
Third-Party Defendants.

954000.MTM.00387.L49618
954000.MTM.00387.L49618

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CONSENT ORDER
CONSENT ORDER

Upon stipulation by and with the consent of Defendant and Third-Party Plaintiff, Natural
Upon stipulation by and with the consent of Defendant and Third-Party Plaintiff, Natural
Blend Vegetable Dehydration, LLC, ["Third-Party Plaintiff] and Manry-Rawls, LLC, and
Blend Vegetable Dehydration, LLC, [“Third-Party Plaintiff”] and Manry-Rawls, LLC, and
without objection by any other party, the Court hereby finds and orders as follows:
without objection by any other party, the Court hereby finds and orders as follows:
FINDINGS BY STIPULATION
FINDINGS BY STIPULATION
1.
1.

Manry-Rawls Corporation was a Virginia Corporation that was dissolved by vote
Manry-Rawls Corporation was a Virginia Corporation that was dissolved by vote

of its shareholders in 2010, with Articles of Dissolution having been subsequently filed with the
of its shareholders in 2010, with Articles of Dissolution having been subsequently filed with the
State Corporation Commission of the Commonwealth of Virginia. Manry-Rawls Corporation is
State Corporation Commission of the Commonwealth of Virginia. Manry-Rawls Corporation is
named as a Third-Party defendant in the Answer Containing Counterclaims, Crossclaims and a
named as a Third-Party defendant in the Answer Containing Counterclaims, Crossclaims and a
Third-Party Complaint ["Third-Party Complaint”] filed by Third-Party Plaintiff.
Third-Party Complaint [“Third-Party Complaint"] filed by Third-Party Plaintiff.
2.
2.

Manry-Rawls,LLC is a Virginia limited liability company that operates an
Manry-Rawls, LLC is a Virginia limited liability company that operates an

insurance agency in Franklin, Virginia and is the entity against whom Third-Party Plaintiff
insurance agency in Franklin, Virginia and is the entity against whom Third-Party Plaintiff
intended to assert its Third-Party claim.
intended to assert its Third-Party claim.
3.
3.

Neither Manry-Rawls Corporation nor Manry-Rawls, LLC has received effective
Neither Manry-Rawls Corporation nor Manry-Rawls, LLC has received effective

service of process in this matter; and Manry-Rawls, LLC was unaware of this proceeding until
service of process in this matter; and Manry-Rawls, LLC was unaware of this proceeding until
May 15, 2018. Among other issues relating to service, the former registered agent for ManryMay 15, 2018. Among other issues relating to service, the former registered agent for ManryRawls Corporation, to whom Third-Party Plaintiff mailed the Summons and Third-Party
Rawls Corporation, to whom Third-Party Plaintiff mailed the Summons and Third-Party
Complaint reports that it has no record of receiving that mailing.
Complaint reports that it has no record of receiving that mailing.
4.
4.

Manry-Rawls, LLC has consented to be substituted for Manry-Rawls Corporation
Manry-Rawls, LLC has consented to be substituted for Manry-Rawls Corporation

as Third-Party Defendant in this action, upon entry of this Order and to accept service of process
as Third-Party Defendant in this action, upon entry of this Order and to accept service of process
effective on the date that this Order is entered by the Court.
effective on the date that this Order is entered by the Court.
ORDER
ORDER
Based on the foregoing Findings by Stipulation and with the consent of Third-Party
Based on the foregoing Findings by Stipulation and with the consent of Third-Party
Plaintiff and Manry-Rawls, LLC, it is hereby ordered as follows:
Plaintiff and Manry-Rawls, LLC, it is hereby ordered as follows:

954000.MTM.00387.L49618
954000.MTM.00387.L49618

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1.
1.

The caption of this action is hereby amended to substitute “Manry-Rawls, LLC” in
The caption of this action is hereby amended to substitute "Manry-Rawls, LLC" in

place of “Manry-Rawls Corporation” where the latter appears in the caption.
place of "Manry-Rawls Corporation" where the latter appears in the caption.
2.
2.

All references to “Manry-Rawls Corporation” in the Third-Party Complaint are
All references to "Manry-Rawls Corporation" in the Third-Party Complaint are

hereby deemed to be amended to refer to "Manry-Rawls, LLC".
hereby deemed to be amended to refer to “Manry-Rawls, LLC”.
3.
3.

The Summons shall be deemed to have been issued and Manry-Rawls, LLC, as
The Summons shall be deemed to have been issued and Manry-Rawls, LLC, as

substitute Third-Party Defendant, shall be deemed to have been served with the Summons and
substitute Third-Party Defendant, shall be deemed to have been served with the Summons and
Third-Party Complaint effective upon the entry and filing of this order, and shall have twenty-one
Third-Party Complaint effective upon the entry and filing of this order, and shall have twenty-one
(21) days from that date to answer or otherwise respond to the Third-Party Complaint.
(21) days from that date to answer or otherwise respond to the Third-Party Complaint.
4.
4.

Manry-Rawls Corporation is hereby dismissed from this action without prejudice.
Manry-Rawls Corporation is hereby dismissed from this action without prejudice.

5.
5.

This Order (and the consent and stipulation by Manry-Rawls, LLC) shall be without
This Order (and the consent and stipulation by Manry-Rawls, LLC) shall be without

prejudice to any and all defenses of Manry-Rawls, LLC except defense for insufficiency of process
prejudice to any and all defenses of Manry-Rawls, LLC except defense for insufficiency of process
and insufficiency of service of process.
and insufficiency of service of process.
SO ORDERED, This the
day of
, 2018.
Dated: SO ORDERED, This the ____ day of ______________, 2018.
May 30, 2018
______________________________________
Robert T. Numbers, II
___________________________________
United States Magistrate Judge
Honorable W. Earl Britt, Presiding
Honorable W. Earl Britt, Presiding
We Consent and So Stipulate:
We Consent and So Stipulate:
/s/ Stephen L. Beaman
/s/ Stephen L. Beaman
Stephen L. Beaman
Stephen L. Beaman
Kelly D. Forghani
Kelly D. Forghani
Beaman & Bennigton, PLLC
Post Office Box 1907
Post Office Box 1907
304 Nash Street, North Carolina (27893)
304 Nash Street, North Carolina (27893)
Wilson, NC 27894-1907
Wilson, NC 27894-1907
Attorneys for Natural Blend Vegetable
Attorneys for Natural Blend Vegetable
Dehydration, LLC
Dehydration, LLC

954000.MTM.00387.L49618
954000.MTM.00387.L49618

/s/ Michael T. Medford
/s/ Michael T. Medford
Michael T. Medford
N.C. State Bar # 7227
N.C. State Bar # 7227
MANNING, FULTON & SKINNER, P.A.
MANNING, FULTON & SKINNER, P.A.
3605 Glenwood Avenue - Suite 500
3605 Glenwood Avenue - Suite 500
Post Office Box 20389
Raleigh, North Carolina 27619
Raleigh, North Carolina 27619
Attorneys for Manry-Rawls, LLC
Attorneys for Manry-Rawls, LLC

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