In re: NC Swine Farm Nuisance Litigation

Filing 101

ORDER granting 100 Motion to Substitute Party. Annie Doris Johnson, as Administratrix of the Estate of Allen Thomas Johnson added. Allen T Johnson terminated. Signed by Magistrate Judge Robert B. Jones, Jr on 5/3/2016. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Master Case No. 5:15-CV-00013-BR
IN RE: NC SWINE FARM
NUISANCE LITIGATION

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THIS DOCUMENT RELATES TO:
Gillis, et al. v. Murphy-Brown, LLC, No. 7:14-cv-00185
ORDER GRANTING PLAINTIFF'S MOTION TO SUBSTITUTE
This matter comes before the undersigned on the motion of the movant, Annie
Doris Johnson, surviving spouse and Administratrix of the Estate of Allen Thomas
Johnson, requesting that she be substituted as Plaintiff. Pursuant to Rule 25 of the
Federal Rules of Civil Procedure, the Plaintiffs have filed a suggestion of death reflecting
that Plaintiff Allen Thomas Johnson had died. The Court notes that the Plaintiffs
represent that Annie Doris Johnson is duly qualified to act as the Administratrix of the
Estate, Rule 25(a)(l) provides for substitution upon the death of a party, and that counsel
for the Defendant has consented to the motion.
Wherefore, the Court hereby grants the motion and orders that for purposes of the
long-form caption ofthe matter, and the claim for Allen Thomas Johnson, the caption
should be modified to substitute for the Plaintiff Allen Thomas Johnson, the following:
"Annie Doris Johnson, as Administratrix of the Estate of Allen Thomas Johnson."
So ordered, this the ~day of May, 2016.

RllJert B. Jones, r.
United States Magistrate Judge

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