Raniszewski et al v. Davidson

Filing 9

ORDER denying as moot without prejudice 5 Motion for Partial Summary Judgment; granting 8 Motion to Amend/Correct Complaint. Signed by Senior Judge Graham Mullen on 4/6/2011. (tmg)

I.
90551876_2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO.: 3:11-CV-00059-GCM

CATHY RANISZEWSKI, personal representative of the Estate of Joseph M. Marett, Jr. and SAV/WAY FOODS, INC., Plaintiffs, vs. WILLIAM B. DAVIDSON, Defendant. THIS MATTER came before the undersigned upon the motion by the plaintiffs Cathy Raniszweski, personal representative of the Estate of Joseph M. Marett, Jr., and Sav/Way Foods, Inc. to amend their complaint under Rule 15(a)(2) of the Federal Rules of Civil Procedure. As evidenced by the signature of counsel for all parties below, this Court finds that the parties consent to entry of this Order, and justice requires that plaintiffs be given the opportunity to amend their complaint. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the plaintiffs' motion to amend their complaint is GRANTED, and the plaintiffs shall file and serve their amended complaint within seven (7) days of entry of this Order. It is further ordered that the defendant William B. Davidson's motion for judgment on the pleadings [Docket No. 5] is denied as moot without prejudice, and that the defendant William B. Davidson shall have an additional seven (7) CONSENT ORDER GRANTING PLAINTIFFS' MOTION TO AMEND COMPLAINT

days, or a total of twenty-one (21) days, from the date of service of the plaintiffs' amended complaint to respond to the plaintiffs' amended complaint. Signed: April 6, 2011

WE CONSENT: /s/ Rebecca K. Lindahl_____________ Rebecca K. Lindahl [e-mail] Richard L. Farley [e-mail] KATTEN MUCHIN ROSENMAN LLP 550 South Tryon Street, Suite 2900 Charlotte, NC 28202-4213 [phone] telephone [phone] facsimile Counsel for all of the Plaintiffs

/s/Brian Church _____________ D. Blaine Sanders [e-mail] Brian Church [e-mail] ROBINSON, BRADSHAW & HINSON 101 North Tryon Street, Suite 1900 Charlotte, NC 28246 704.377.8166 telephone [phone] facsimile [e-mail] Counsel for the Defendant William B. Davidson