Progress Solar Solutions, LLC v. Fire Protection, Inc. et al

Filing 40

ORDER granting 37 Motion to Substitute Party. John Doe and Jeffrey Van Valkenburgh added. Norman Stephen Van Valkenburgh terminated; granting 37 Motion to Amend the Case Caption. Signed by Chief Judge James C. Dever III on 9/14/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CIVIL ACTION NO. 5:17-CV-0152-D
PROGRESS SOLAR SOLUTIONS, LLC,
Plaintiff,
V.

)
)
)
)
)

)
FIRE PROTECTION, INC. dba FPI
)
ENVIRONMENTAL; JOHN DOE, AS
)
EXECUTOR OR ADMINISTRATOR FOR)
THE ESTATE OF NORMAN STEPHEN )
VANVALKENBURGH, AND JEFFREY )
VANVALKENBURGH, AS TRUSTEE
)
FOR THE NORMAN STEPHEN VAN
)
VALKENBURGH IRREVOCABLE
)
LIVING TRUST; MIKEL BILLS;
)
MICHAEL D. LONG; and SOLAR MOD )
SYSTEMS, INC.,
)

ORDER

Defendants.

Before the Court is a motion to substitute John Doe, as Executor or Administrator of the
Estate of Norman Stephen VanValkenburgh, and Jeffrey VanValkenburgh, as Trustee F:or the
Norman. Stephen VanValkenburgh Irrevocable Living Trust in lieu of the recently deceased
Defendant Norman Stephen VanValkenburgh, and to amend the caption in this action to reflect
the requested substitution. See DE 37. For good cause shown, and pursuant to Fed. R. Civ. P. 15
and 25(a), the Motion is GRANTED.
NOW THEREFORE, IT IS HEREBY ORDERED:
(1) That John DOe, as Executor or Administrator of the Estate ofNorman Stephen Van
Valkenburgh, and Jeffrey VanValkenburgh, as Trustee For the Norman Stephen Van

Valkenburgh Irrevocable Living Trust are hereby substituted as Defendants in this
action in place of Defendant Norman Stephen VanValkenburgh;
(2) That the Clerk shall issue any summons presented to him or his designees naming John
Doe, as Executor or Administrator of the Estate ofNorman Stephen VanValkenburgh,
and Jeffrey VanValkenburgh, as Trustee For the Norman Stephen VanValkenburgh
Irrevocable Living Trust, as Defendants in this matter;
I

(3) That Plaintiffs shall serve a copy of the summonses and complaint upon John Doe, as
Executor or Administrator of the Estate of Norman Stephen Van Valkenburgh, and
Jeffrey Van Valkenburgh, as Trustee For the Norman Stephen Van Valkenburgh
Irrevocable Living Trust within 90 days from the entry of this order; and
(4) That the caption is hereby amended, and all further filings shall reflect the caption
appearing on this order.

SO ORDERED, this l!. day of September 2017.