Wills v. McLean Trucking Co.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a removed diversity of citizenship action to recover money damages for the wrongful death of the plaintiffs’ decedent from a motor vehicle accident. 28 U.S.C. §§ 1332(a)(1), (c); 1441(a). The defendant moved the Court to require the plaintiffs “ * * * to designate, by name and relationship, the next of kin of * * ” such decedent. Rule 12(e), Federal Rules of Civil Procedure. The motion lacks merit and hereby is DENIED.

The details of the plaintiffs’ claim are available to the defendant through the utilization of the pretrial discovery…