Rice v. McKenzie County et al

Filing 82

ORDER adopting 81 Stipulation to Allow Plaintiff to File Fourth Amended Complaint and Dismissal of River Aggregates, II, LLC, Without Prejudice. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Justin Rice,
Plaintiff,
vs.
North Star Energy & Construction, LLC,
et. al.,
Defendants.

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ORDER

Case No. 4:15-cv-167

Before the court is a “Stipulation to Allow Plaintiff to File Fourth Amended Complaint and
Dismissal of River Aggregates II, LLC” filed on December 27, 2017. Therein plaintiff and
Defendant North Star Energy & Construction, LLC (“North Star”) stipulate to dismissing River
Aggregates II, LLC without prejudice and allowing plaintiff to filing a fourth amended complaint
adding Daniel Plote, individually and d/b/a as River Aggregates, as a defendant. In so doing,
plaintiff avers that the proper defendant is River Aggregates, LLC and not River Aggregates II,
LLC. He further advises that River Aggregates, LLC in no longer in operation, hence his intent to
add Daniel Plote, River Aggregates, LCC’s managing partner, as a defendant.
The court ADOPTS the stipulation (Doc. No. 81). Plaintiff shall have until January 5,
2018, to file a fourth amended complaint substituting Daniel Plote, individually and d/b/a River
Aggregates, LLC, as a defendant in place of River Aggregates II, LLC.
IT IS SO ORDERED.
Dated this 28th day of December, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court