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Hampsey v. Nasello

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 22, 2006

HEATHER L. HAMPSEY, PLAINTIFF,
v.
GUY NASELLO, INDIVIDUALLY, RAIL LOGISTICS, INC., A CORPORATION, DAVID MAHANEY, INDIVIDUALLY, NORFOLK SOUTHERN RAILWAY COMPANY, DEFENDANTS.

The opinion of the court was delivered by: Clifford J. Proud U. S. Magistrate Judge

ORDER

Before the Court is "Plaintiff's Motion for Leave to Amend Complaint under 735 ILCS 5/2-616(a),(d)." (Doc. 9). Plaintiff has learned that named and served defendant Railway Logistics Services, Inc., is a fictitious corporate name registered in Missouri, and not the corporation plaintiff intended to sue. Plaintiff now desires to file an amended complaint naming Rail Logistics, Inc., an Ohio corporation, as a defendant.

IT IS HEREBY ORDERED, for good cause shown, that plaintiff's motion for leave to amend (Doc. 9) is GRANTED. Plaintiff shall file her amended complaint on or before March 3, 2006.

IT IS FURTHER ORDERED that, after consultation with U.S. District Judge William D. Stiehl, all pending motions directed to the original complaint are rendered MOOT. Accordingly, the motion of defendant Railway Logistics Services, Inc., for dismissal with prejudice and costs (Doc. 7), and plaintiff's motion to dismiss Railway Logistics Services, Inc., without prejudice (Doc. 10), are both considered moot; costs will not be awarded to Railway Logistics Services, Inc., the Missouri fictitious corporation misnamed as a defendant in the original complaint. The motion of defendant Norfolk Southern Railway Company to dismiss or transfer this case to the Eastern District of Missouri (Doc. 5) is similarly rendered moot. Norfolk Southern Railway Company is free to file a similar motion directed at the amended complaint.

IT IS SO ORDERED.

20060222

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