Moore et al v. State Farm Insurance Company

Filing 59

ORDER GRANTING 33 MOTION to Substitute Party Plaintiff. It is further ORDERED that Melvin J. Moore, Jr. as Executor of the Estate of Barbara P. Moore, is hereby allowed to adopt the Complaint filed herein. Signed by Magistrate Judge Dennis Howell on 03/26/13. (Pro se litigant served by US Mail.)(emw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 cv 201

MELVIN J. MOORE, JR. as EXECUTOR
OF THE ESTATE OF BARBARA P.
MOORE and MELVIN J. MOORE, JR.,
Individually,
Plaintiffs
v
STATE FARM INSURANCE COMPANY
T/D/B/A STATE FARM FIRE AND
CASUALTY COMPANY,
Defendant.

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ORDER

THIS MATTER has come before the undersigned pursuant to a motion
filed by Melvin J. Moore, Jr. as Executor of the Estate of Barbara P. Moore
requesting that he be substituted as Party Plaintiff in place and instead of Sharon
M. Karlin, Collector of the Estate of Barbara P. Moore. It appears to the Court that
the named Plaintiff Barbara P. Moore is deceased. It further appears that Sharon
M. Karlin, as Collector of the Estate of Barbara P. Moore, filed an Affidavit of
Collection Disbursement and Distribution on July 14, 2012 in Durham County,
North Carolina. Thereafter, Melvin J. Moore, Jr. was appointed as Executor of the
Estate of Barbara P. Moore by order of the Deputy Clerk of Superior Court of
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Durham County, North Carolina on December 27, 2012 and was granted Letters
Testamentary on that date. It further appears to the Court that the nature of this
action is such that the cause of action survives the death of the Named Plaintiff
Barbara P. Moore. During the hearing concerning this motion, Sharon M. Karlin
appeared and advised the Court that she had no objection to the motion to
substitute Melvin J. Moore, Jr. as Executor for the Estate of Barbara P. Moore as
Party Plaintiff and to remove her, that being Sharon M. Karlin, as Collector of the
Estate of Barbara P. Moore, as a Party Plaintiff.
The Defendant, by and through counsel, advised that the Defendant had no
objection to the motion.
ORDER
IT IS, THEREFORE, ORDERED that the Motion to Substitute Party
Plaintiff (#33) is hereby ALLOWED and it is ordered that Melvin J. Moore, Jr. as
Executor of the Estate of Barbara P. Moore, is hereby substituted as a Plaintiff in
this action and the substitution shall hereafter be shown in the title to this action.
The title in this action shall, in the future, be shown as: Melvin J. Moore, Jr. as
Executor of the Estate of Barbara P. Moore and Melvin J. Moore, Jr., individually,
Plaintiffs vs State Farm Insurance Company T/D/B/A State Farm Fire and Casualty
Company, Defendant. It is further ORDERED that Melvin J. Moore, Jr. as

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Executor of the Estate of Barbara P. Moore, is hereby allowed to adopt the
Complaint filed herein.
Signed: March 26, 2013

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