Hess v. Atlantic Marine Corps Communities, LLC

Filing 9

ORDER granting 6 Motion to Substitute Party. Response to order due by 2/18/2013. Counsel is reminded to read the order in its entirety for critical information and deadlines. Signed by US Magistrate Judge James E. Gates on 2/4/2013. (Edwards, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION 7:13-CV-18-BO NAOMI HESS, Plaintiff, v. ATLANTIC MARINE CORPS COMMUNITIES, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This case comes before the court on the consent motion (D.E. 6) filed by defendant Atlantic Marine Corps Communities, LLC, pursuant to Fed. R. Civ. P. 21, to substitute defendants. Specifically, Atlantic Marine Corps Communities, LLC moves to be dismissed with prejudice and substituted with the purportedly proper defendants, Atlantic Marine Corps Communities Property Management LLC and Winn Management Group LLC. Plaintiff Naomi Hess does not oppose the motion. It is therefore ORDERED as follows: 1. The motion is ALLOWED on the terms set forth below; 2. To effectuate the substitution of defendants, the parties shall file no later than 18 February 2013 a stipulation, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), dismissing all claims in this action against Atlantic Marine Corps Communities, LLC; 3. In addition, contemporaneously with the filing of the stipulation, plaintiff shall file an amended complaint naming Atlantic Marine Corps Communities Property Management LLC and Winn Management Group LLC as the only defendants in this action; and application, the court is not able to determine whether defendant is entitled to appointment of counsel. The appointment of counsel is therefore DENIED without prejudice to reconsideration of such appointment after the filing of a new Financial Affidavit which contains the missing 4. Following the filing of the amended complaint, the Clerk shall revise the caption information. to reflect the substitution of defendants. This order shall be filed under seal. SO ORDERED, this the 4th day of February 2013. SO ORDERED, this 23rd day of May 2011. _________________________ James E. Gates United States Magistrate Judge 2

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