Jones v. Higgins et al

Filing 82

ORDER granting 75 , 79 Motions to Substitute Party. Judy E. Jones as Executor of the Estate of Talmage Lee Jones Jr., deceased, is hereby substituted as plaintiff. Signed by Magistrate Judge Dennis Howell on 2/12/2018. (maf) (Main Document 82 replaced on 2/12/2018 with correct image. NEF Regenerated.) (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 cv 409
JUDY E. JONES, as Executor of the
Estate of Talmage Lee Jones Jr.,

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Plaintiff,
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v.
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JASON ANTHONY HIGGINS, G&R
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TRUCKING COMPANY, INC., and
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CMH MANUFACTURING, INC.,
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Defendants.
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CMH MANUFACTURING, INC.,
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Third-party Plaintiff,
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v.
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HOYLE’S TIRE AND AXLE, LLC d/b/a/ )
HOYLE TIRE & AXLE
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Third-party Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Motion to Substitute Party [# 75] and the
Motion to Amend the Motion to Substitute Party [# 79]. Judy E. Jones of the estate
of Talmage Lee Jones Jr., deceased, moves to be substituted as plaintiff. It appears
to the Court that the named plaintiff is deceased and that Judy E. Jones has been duly

appointed and is qualified and acting as the executor of his estate. It further appears
to the Court that the cause of action survives the death of the named plaintiff.
For good cause, the Court GRANTS the motions [# 75, # 79]. The Court
ORDERS that Judy E. Jones as Executor of the Estate of Talmage Lee Jones Jr.,
deceased, is hereby substituted as plaintiff and this substitution shall be hereafter
shown in the title to this action.

Signed: February 12, 2018