Grady v. B and E Grocery, Inc.

Filing 38

ORDER that Plaintiff's counsel shall take all necessary measures necessary to establish the estate of the deceased Plaintiff Roland Grady and shall secure appointment by the appropriate state Clerk of Superior Court' ;s office of either an administrator or executor of the estate of Roland Grady. Plaintiff's counsel is further directed that at that time, they shall filed a motion for substitution of the administrator or executor as the appropriate party/plaintiff on behalf of the estate of Roland Grady and then shall take such further action as shall be deemed appropriate. Signed by Magistrate Judge Dennis Howell on 08/03/2015. (thh)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14 CV 17

ROLAND GRADY, an individual,
Plaintiff
v
B AND E GROCERY, INC., d/b/a
Huddle House, a North Carolina for profit
Corporation,
Defendant.

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ORDER

THIS MATTER is before the undersigned pursuant to a Notice of Suggestion
of Death of named Plaintiff Roland Grady (#37) filed by Plaintiff’s counsel. In the
Notice, Plaintiff’s counsel advised the Plaintiff died on June 30, 2015 but then
further states the following, “Because the Court can no longer grant injunctive relief,
this case is moot and dismissal is appropriate.” The Court cannot dismiss the
pleadings in this matter in such a fashion. Plaintiff’s counsel is instructed that the
Estate of the Plaintiff Roland Grady must be established in the appropriate state
Clerk of Superior Court’s office. When either an executor or an administrator has
been appointed, then Plaintiff’s counsel should move to substitute the administrator
or executor as the party/plaintiff and then Plaintiff’s counsel may then consult with
the Defendant and determine whether or not a stipulation of dismissal should be filed
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in this matter.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiff’s counsel shall take all
necessary measures necessary to establish the estate of the deceased Plaintiff Roland
Grady and shall secure appointment by the appropriate state Clerk of Superior
Court’s office of either an administrator or executor of the estate of Roland Grady.
Plaintiff’s counsel is further directed that at that time, they shall filed a motion for
substitution of the administrator or executor as the appropriate party/plaintiff on
behalf of the estate of Roland Grady and then shall take such further action as shall
be deemed appropriate.

Signed: August 3, 2015

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