K-Flex USA, LLC v. Rack & More, LLC et al

Filing 13

ORDER GRANTING 12 Nucor's Motion to Intervene. Nucor is substituted into this action for Defendant Rack and More, LLC, and Nucor has five days from the entry of this order in which to file its Answer and Claim to the Interpleaded Funds. Signed by US District Judge Terrence W. Boyle on 6/11/2014. (Fisher, M.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
CASE NO. 5:13-CV-00795

K-FLEX USA, LLC

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Plaintiff,

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v.

RACK & MORE, LLC, ANTOINE UTLEY,
TRANSEXPRESS, LLC, ADVANCED
TRANSPORT, LLC, 1975 LLC, doing business as
EDWARD WOLFF & ASSOCIATES, BAXTER
BAILEY & ASSOCIATES, INC., LANDSTAR
LIGON, INC. and ALEXANDER MILLER &
ASSOCIATES,

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ORDER

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Defendants/Claimants.

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This matter came on for consideration upon Nucor Wire Products Pennsylvania, Inc.'s
("Nucor's") Motion to Intervene and to be Substituted in Action for Defendant Rack and More,
LLC. After due consideration ofNucor's motion and memoranda, the Court finds that Nucor is
the assignee of Rack and More, LLC's interest in this action and the interpleaded funds, that no
other party purporting to represent Nucor's interest has filed an appearance in this action, that
Nucor has demonstrated a direct interest in the subject matter of this litigation, and that such
interests may be affected by the outcome of this litigation. Nucor has therefore satisfied the
prerequisites to intervention as of right pursuant to Rule 24(a) of the Federal Rules of Civil
Procedure. The Court also finds that because Rack and More, LLC's interest in this litigation
has been transferred to Nucor, Nucor is entitled to be substituted into this action pursuant to Rule
25(a) ofthe Federal Rules of Civil Procedure.
It is therefore:

ORDERED that Nucor Wire Products Pennsylvania, Inc. is permitted to intervene in this

action; Nucor Wire Products Pennsylvania, Inc. is substituted into this action for Defendant Rack
and More, LLC; and Nucor Wire Products Pennsylvania, Inc. has five days from entry of this
order in which to file its Answer and Claim to Interpleaded Funds, which was attached as Exhibit
A to the Motion.

T rrence W. Boyle
United States District Court Ju ge