McSwain v. Air & Liquid Systems Corporation, et al

Filing 103

ORDER discharging 95 Order to Show Cause. Plaintiff's 101 Consent MOTION to Amend/Correct 1 Complaint is GRANTED. Plaintiff shall file her First Amended Complaint within 14 days of entry of this Order. Signed by District Judge Martin Reidinger on 11/19/2015. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00130-MR-DLH

MINERVA McSWAIN, Individually
and as Executrix of the Estate of
BUREN EDWARD McSWAIN,

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Plaintiff,
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vs.
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AIR & LIQUID SYSTEMS
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CORPORATION, et al.,
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Defendants.
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ORDER

THIS MATTER is before the Court on the Plaintiff’s Response to Show
Cause Order [Doc. 100] and the Plaintiff’s Consent Motion to Amend
Complaint [Doc. 101].
On November 5, 2015, the Court entered an Order directing the
Plaintiff to show cause for her failure to effect service of the Summons and
Complaint on the Defendants Crosby Valve, Inc.; Flowserve Corporation,
Individually and as Successor to Byron Jackson Pump Company; Fluor
Daniel, Inc., f/k/a Daniel Construction Company, Inc.; and Uniroyal, Inc.
[Doc. 95]. The Plaintiff now responds to the Show Cause Order, advising

that Defendant Uniroyal was served and filed an Answer on November 16,
2015, and that Defendant Flowserve Corporation had been served and had
an answer filed on its behalf by its parent company BW/IP, Inc. [Doc. 61]. As
for Defendants Crosby Valve, Inc. and Fluor Daniel, Inc., the Plaintiff states
that she was not successful in obtaining service on these Defendants as
named. [Doc. 100]. By way of a separate motion, the Plaintiff moves to
amend her Complaint in order to correct the names of these Defendants and
to have summonses issued for the correctly named Defendants. [Doc. 101].
Upon review of the Plaintiff’s Response, the Court will discharge its
Show Cause Order. Further, upon review of the Plaintiff’s Motion to Amend,
the Court will allow the Plaintiff to file an Amended Complaint.
IT IS, THEREFORE, ORDERED that the Show Cause Order [Doc. 95]
is hereby DISCHARGED, and the Plaintiff’s claims against the abovereferenced Defendants will be allowed to proceed.
IT IS FURTHER ORDERED that the Plaintiff’s Consent Motion to
Amend Complaint [Doc. 101] is GRANTED, and the Plaintiff shall file her
First Amended Complaint within fourteen (14) days of the entry of this Order.

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IT IS SO ORDERED.
Signed: November 19, 2015

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