McVey ex rel. Bittersweet Distributors, Inc. v. McVey ex rel. Estate of McVey

ORDER GRANTING MOTION TO DISMISS

MARGARET M. MORROW, District Judge.

On August 9, 2012, Michael McVey (“plaintiff’) filed this action against Dawn McVey (“defendant”).1 Ms. McVey passed away on April 19, 2013, and the court thereafter entered an order on the parties’ stipulation to substitute Colin McVey, Ms. McVey’s executor, as the defendant in the action, and to permit plaintiff to file an amended complaint naming him as the defendant.2 On August 2, 2013, plaintiff filed a first amended complaint against Colin McVey as executor, trustee, and representative of the Dawn M. McVey Living Trust,…