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Order in Amy Bishop wrongful death lawsuits

Order in Amy Bishop wrongful death lawsuits

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Published by pgattis7719
The order by Madison County Circuit Judge Ruth Ann Hall denying a motion to add former UAH President David Williams as a defendant in the wrongful death lawsuits.
The order by Madison County Circuit Judge Ruth Ann Hall denying a motion to add former UAH President David Williams as a defendant in the wrongful death lawsuits.

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Published by: pgattis7719 on Oct 28, 2013
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06/11/2014

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IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
DAVIS SAMMIE LEE,)Plaintiff,))V.)Case No.: CV-2011-900037.00)KARBHARI DR. VISTASP M.,)BISHOP DR. AMY #0064007,)ANDERSON JAMES E.,)Defendants.)JOHNSON JACQUELINE U.,)Plaintiff,))V.)Case No.: CV-2011-900038.00)KARBHARI DR. VISTASP M.,)BISHOP DR. AMY #0064007,)ANDERSON JAMES E.,)Defendants.)
ORDER 
This matter is before the Court on the Plaintiffs’ Motion to Name David Williams as afictitious Defendant. The Court set this matter for hearing along with other pending motions.At that time the parties appeared through counsel. Based upon the pleadings, the Motionsand the arguments and contentions of counsel, the Court finds as follows:The Plaintiffs assert that following the Defendants Court ordered disclosure of certainoutstanding discovery, the Plaintiffs obtained information sufficient to name David Williams,former President of UA Huntsville as fictitious defendant No.1.Rule 9(h) of the Alabama Rules of Civil Procedure in conjunction with Rule 15allows a party to amend their pleadings and have it relate back to the filing of the initialComplaint. In order to avoid the bar of a statute of limitations when a plaintiff amends acomplaint to identify a fictitiously named defendant on the original complaint, the plaintiff:(1) must have adequately described the fictitiously named defendant in the original
ELECTRONICALLY FILED10/23/2013 12:52 PM47-CV-2011-900038.00CIRCUIT COURT OFMADISON COUNTY, ALABAMAJANE C. SMITH, CLERK

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