Copelan
Copelan v. Techtronics Industries Co.
Opinion
Lead Opinion
Bashant, J.
ORDER:
(1) GRANTING PLAINTIFF’S MOTION TO SUBSTITUTE (ECF NO. 56);
(2) DENYING DEFENDANTS’ MOTION TO DISMISS (ECF NO. 41); AND
(3)SETTING PRETRIAL AND TRIAL DATES
Presently before the Court is a motion to substitute U.S. Bankruptcy Trustee Richard Kipperman as the real party in interest filed by Plaintiff Charles Copelan (“Plaintiff’) and Mr. Kipperman (“Trustee”) (ECF No. 56), and a motion to dismiss filed by defendants One World Technology, Inc. and Home Depot U.S.A., Inc. (collectively “Defendants”) (ECF No. 41).
Having reviewed the papers submitted and heard oral argument, for the reasons set forth below, this Court GRANTS the motion to substitute Mr. Kipperman, and DENIES Defendants’ motion to dismiss.
I. BACKGROUND
Plaintiff filed this personal injury action in state court on'November 7, 2011. (ECF No. 1-2.) On January 11, 2012, Plaintiff filed a Chapter 7 bankruptcy petition. (ECF No. 41-2 at Ex. B; ECF No. 43-3.) 1 On May 25, 2012, this personal injury ac *1234 tion was removed to federal court. (ECF No. 1.)
In his bankruptcy petition, under “Statement of Financial Affairs,” Plaintiff was asked to “List all suits and administrative proceedings to which the debtor…