Catlin Specialty Insurance Company v. Stanley Recreation Club, Inc. et al

Filing 40

ORDER granting 35 Motion to Substitute Party. Linda H. Stamps added. James Abernethy terminated. Signed by Magistrate Judge David Keesler on 5/18/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-617-RJC-DCK
CATLIN SPECIALTY INSURANCE
COMPANY,
Plaintiff,
v.
STANLEY RECREATION CLUB, INC.,
JAMES ABERNETHY, JOSHUA ROBERTS,
L.C.N., a minor, by and through her Guardian
ad Litem, Jerry N. Ragan, JEFFREY
NICHOLSON, and KRISTI NICHOLSON,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Unopposed Motion For
Substitution Of Deceased Defendant Abernethy.” (Document No. 35) filed April 28, 2017. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and
is ripe for disposition. Having carefully considered the motion and the record, and noting that it
is unopposed, the undersigned will grant the motion.
By the instant motion, Plaintiff contends that Defendant James Abernethy is now deceased,
and should be substituted in this action by his mother, Linda H. Stamps, who is the personal
representative of the Estate of James Abernethy. (Document No. 35) (citing Fed.R.Civ.P. 25(a)(1)
and N.C.Gen.Stat. § 28A-4-1(a)-(b) (2017)); see also, (Document No. 36).
No opposition, or any other response, has been filed regarding the pending motion and the
time for such filings has lapsed. See Local Rule 7.1 (E).

IT IS, THEREFORE, ORDERED that Plaintiff’s “Unopposed Motion For Substitution
Of Deceased Defendant Abernethy.” (Document No. 35) is GRANTED. The Clerk of Court shall
substitute Linda H. Stamps, as personal representative of the Estate of James Abernethy, for
Defendant James Abernethy.
SO ORDERED.
Signed: May 18, 2017

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