Brown v. Wal-Mart Real Estate Business Trust et al

Filing 18

AGREED ORDER : It appears to the Court, as evidenced by the signature of counsel of the parties below, that this matter as it relates to defendant Wal-Mart Real Estate Business Trust only, shall be dismissed without prejudice pursuant to Rule 41(a)( 2). It further appears to the court that Wal-Mart Stores East, L.P., is the proper defendant in this action since Wal-Mart Stores East, L.P., owned and operated the subject store at the time of plaintiff's accident on September 16, 2012. IT IS SO ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 8/26/13. (la)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RICHARD BROWN, ) ) Plaintiff, ) ) VS. ) ) WAL-MART REAL ESTATE BUSINESS TRUST) d/b/a “Wal-Mart Store #659", and ) WAL-MART STORES EAST, L.P. ) d/b/a “Wal-Mart Store #659", ) ) Defendant. ) No. 3:13-CV-00479 JUDGE TRAUGER MAGISTRATE JUDGE GRIFFIN JURY DEMANDED AGREED ORDER It appears to the Court, as evidenced by the signature of counsel of the parties below, that this matter as it relates to defendant Wal-Mart Real Estate Business Trust only, shall be dismissed without prejudice pursuant to Rule 41(a)(2). It further appears to the court that Wal-Mart Stores East, L.P., is the proper defendant in this action since Wal-Mart Stores East, L.P., owned and operated the subject store at the time of plaintiff’s accident on September 16, 2012. IT IS SO ORDERED. ENTERED this __ _ day of , 2013. ___________________________________ MAGISTRATE JUDGE JULIET GRIFFIN APPROVED FOR ENTRY: s/Susan VanDyke G. Andrew Rowlett, No. 16277 Susan VanDyke, No. 23070 HOWELL & FISHER, PLLC Court Square Building 300 James Robertson Parkway Nashville, TN 37201-1107 #615/244-3370 arowlett@howell-fisher.com svandyke@howell-fisher.com Attorneys for Defendants s/Michael K. Smith (by SSV w/express permission) Michael K. Smith, No. 17155 144 Second Avenue North, Suite 150 Nashville, TN 37201 #615/620-5833 michael@mksmithlaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served by the Electronic Court Filing System upon Michael K. Smith, 144 Fourth Avenue North, Suite 150, Nashville, TN 37201, on this the 21st day of August, 2013. s/Susan VanDyke F:\SSV\Brown, Richard v. WM (AR)\Agreed Order - WMREBT dismissal.wpd 2

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