American Petroleum Institute v. Givens

Filing 39

ORDER: Telephone Conference held on 8/31/2011, at which time the following matters were addressed: Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Julius Johnson is automatically substituted for Ken Givens as the defendant in this cas e. Julius Johnson added. Ken Givens terminated. Counsel advised that they have been involved in discussions about the potential for resolving this case by settlement, and believe that within the next few weeks they should be able to know whether t hey can reach a resolution. Counsel for the parties shall convene another Telephone Conference Call with the Court on 10/10/2011 at 1:00 PM, to be initiated by plaintiff's counsel, to address whether the parties have reached a settlement and, if not, whether the potential for settlement remains. Signed by Magistrate Judge Juliet E. Griffin on 8/31/11. (dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
AMERICAN PETROLEUM INSTITUTE

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v.
KEN GIVENS, in his official capacity
as Commissioner of Agriculture of the
State of Tennessee

No. 3-09-1195

ORDER
Pursuant to the order entered August 23, 2011 (Docket Entry No. 38), counsel for the parties
called the Court on August 31, 2011, at which time the following matters were addressed:
1.

Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Julius Johnson is

automatically substituted for Ken Givens as the defendant in this case.
Therefore, the Clerk is directed to terminate Ken Givens as the defendant and to substitute
therefor Julius Johnson, in his official capacity as Commissioner of Agriculture of the State of
Tennessee, as the sole defendant in this case.
2.

Counsel advised that they have been involved in discussions about the potential for

resolving this case by settlement, and believe that within the next few weeks they should be able to
know whether they can reach a resolution.
3.

Counsel for the parties shall convene another telephone conference call with the

Court on Monday, October 10, 2011, at 1:00 p.m., to be initiated by plaintiff's counsel, to address
whether the parties have reached a settlement and, if not, whether the potential for settlement
remains.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge