Rudisill v. UNITED STATES OF AMERICA et al

Filing 54

ORDER granting 53 Motion to Dismiss Party - Motion to Drop Party Pursuant to Rule 21 . Signed by Senior Judge James C. Fox on 6/18/2014. (Grady, B.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-110-F

CATHY L. R UD!SILL,
Plaintiff,

v.

Order
Granting Motion to Drop a Party

UNITED STATES OF AMERICA, eta!
Defendant.

As indicated in the Order of this Court, docket entry 41 (DE 41 ), the plaintiff has moved the
Court, pursuant to Rules 7 and 21 of the Federal Rules of Ci vii Procedure, for an Order to drop a
party from this case and to amend the caption of the case accordingly and to mark the party as
terminated from the action in the Clerk's records. Counsel for the defendant does not object to the
motion and consents to the motion and this order.
F.R. Civ. P. 21 provides in pertinent part that "[m]isjoinder of parties is not a ground for
dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop
a party." Accordingly, the Secretary of the Army, John McHugh, is hereby dropped and terminated
as a party defendant and that the United States is the sole proper party defendant in this action
Further, the caption of the case is directed to be amended accordingly, and the Clerk shall terminate
McHugh in the records of the Court, leaving the United States as the party-defendant.

*

So Ordered, this ___l!_ day of June, 2014
U
d States D1stnct Judge
JAMES C. FOX