Blow et al v. Murphy-Brown, LLC

Filing 57

ORDER granting 56 Motion to Substitute Party and to Correct Misnomer. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/14/2019. (Herrmann, L.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Case No. 7:14-CV-00232-BR
SHIRL YNN BLOW, et al.,
Plaintiffs,

v.
MURPHY-BROWN, LLC,
Defendant.

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ORDER

This matter comes before the undersigned on the motion of the movant and Plaintiff,
Aaron Hall, as court-appointed Guardian of Scotty Hall, James Dudley Hall, and Pamela Hall,
requesting that he be substituted as the representative Plaintiff on their behalf as their guardian, to
accompany his individual claim. [DE-56]. Pursuant to Rule 25(b) of the Federal Rules of Civil
Procedure, if a party becomes incompetent, the court may, on motion, permit the action to be
continued by the party's representative. The Movant has filed documents reflecting that the Clerk
of Superior Court of Duplin County duly appointed Aaron Hall to act as the General Guardian of
Scotty Hall, James Dudley Hall, and Pamela Hall, pursuant to Letters of Appointment of General
Guardian dated July 29, 2019. [DE-56-1]. Counsel for the Defendant has consented to the
motion.

Furthermore, the name, "James Dudley Hall" was misspelled in the Complaint as

"James Dully Hall," and movant seeks to correct the misnomer.

Wherefore, the motion is allowed, and the the caption should be modified to correct
the misnomer and to substitute for the Plaintiffs Scotty Hall, James Dudley Hall, and Pamela
Hall, the following:

"Aaron Hall, on his own behalf and as Guardian of Scotty Hall, James Dudley Hall and Pamela
Hall."

SO ORDERED, this

I'-/ day of November 2019.

United States Magistrate Judge

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