E.E. v. Eagles Nest Camp et al

Filing 44

ORDER that on or before 10/28/2016, Pla shall file a motion for the appointment of a guardian ad litem for the minor Pla, and on or before 11/4/2016 Pla shall file an amended complaint reflecting the prosecution of the complaint by the guardian ad litem and setting forth the legal status and appropriate name of Dft. Signed by Magistrate Judge Dennis Howell on 10/20/2016. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 269

E.E. by and through his Next Friend
MOLLY ESPEY,

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Plaintiff
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v
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EAGLES NEST FOUNDATION, d/b/a
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EAGLE’S NEST CAMP, THE OUTDOOR )
ACADEMY,
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Defendant.
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ORDER

THIS MATTER came before the undersigned for hearing on October 14,
2016, pursuant to an Order (#41) entered by the undersigned directing the parties to
be prepared to discuss whether or not Plaintiff could proceed without appointment
of a guardian ad litem as required by Rule 17 of the Federal Rules of Civil Procedure
and also to advise the Court of the legal status of Defendant. During the hearing of
this matter, the Plaintiff advised the Court that Plaintiff would file a motion for the
appointment of a guardian ad litem for the minor Plaintiff and further, the Plaintiff
would move to amend the Complaint to allege the prosecution of this matter by the
guardian ad litem of the Plaintiff and would further amend the Complaint to allege
the appropriate name of Defendant, that being Eagles Nest Foundation as a nonprofit
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corporation established under and by virtue of the laws of the State of North
Carolina. Defendant’s counsel advised that Defendant had no objection to the
motion for appointment of guardian ad litem and did not have any objection to the
amendment of the Complaint, as provided above.
ORDER
IT IS, THEREFORE, ORDERED that on or before October 28, 2016,
Plaintiff shall file a motion for the appointment of a guardian ad litem for the minor
Plaintiff, and on or before November 4, 2016 Plaintiff shall file an amended
complaint reflecting the prosecution of the complaint by the guardian ad litem and
setting forth the legal status and appropriate name of Defendant.

Signed: October 20, 2016

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