Hensley et al v. Suttles et al

Filing 81

ORDER: The Plaintiffs' Motion to Correct Caption of Pleadings [Doc. 79 ] is GRANTED IN PART and DENIED IN PART to the extent stated in this Order. Signed by District Judge Martin Reidinger on 7/18/2018. (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00193-MR-DLH

TERESA ANN HENSLEY, Administrator
of the Estate of David Lee Hensley, et al.,

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Plaintiffs,
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vs.
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BOBBY R. SUTTLES, Individually and in
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his Official Capacity as former Sheriff
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of Haywood County, et al.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiffs’ Motion to Correct
Caption of Pleadings [Doc. 79].
The Plaintiffs move to amend the caption in the above-captioned
matter in various respects. First, the Plaintiffs state that because Haley
Hensley (referred to in the caption as “H.H.”) has obtained her majority, she
therefore should be substituted as a party plaintiff in lieu of her mother,
Teresa Ann Hensley, as her parent and next friend. Second, the Plaintiff
request that the Defendant Bobby Suttles in his individual capacity and
Defendants Larry Bryson and David Mitchell in both their individual and

official capacities be removed in light of the Court’s Order granting summary
judgment to these Defendants. [Doc. 79].
In response, the Defendants state that they do not object to removing
Teresa Hensley and substituting Haley Hensley as a plaintiff or to removing
certain Defendants based on the Court’s prior ruling. The Defendants further
argue that the Defendant surety companies should be removed from the
caption and that the jury should not be advised of their participation in this
matter. [Doc. 80].
For the reasons stated in the Plaintiffs’ Motion, the Court will allow the
substitution of Haley Hensley for “H.H., a minor, by and through her parent
and next friend, Teresa Ann Hensley as General Guardian.” As for the
remainder of the parties identified in the caption, the Motion to Amend is
denied.

While certain Defendants have been dismissed in various

capacities, no final judgment has been entered in this case. See Fed. R.
Civ. P. 54(b). However, any document that is presented to the jury (such as
a jury charge or verdict sheet) will refer only to the parties who remain in the
case for trial, namely: Teresa Ann Hensley, Administrator of the Estate of
David Lee Hensley; Haley Hensley; Rachelle Ferguson; Saralyn Price,
Administrator of the Estate of Michael Scott Price; and Keith Allen Beasley.

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IT IS, THEREFORE, ORDERED that the Plaintiffs’ Motion to Correct
Caption of Pleadings [Doc. 79] is GRANTED IN PART and DENIED IN
PART to the extent stated in this Order.
IT IS SO ORDERED.
Signed: July 18, 2018

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