The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
DARRISSA BROWN, )
)
Plaintiff,
)
)
v. No. 2:25-cv-02972-SHL-tmp
)
)
MERITAGE HOSPITALITY GROUP, INC.,
)
Defendant. )
ORDER GRANTING JOINT MOTION TO SUBSTITUTE REAL PARTY IN
INTEREST AND EXTEND DEADLINE TO FILE RESPONSIVE PLEADING
Before the Court is the Parties’ Joint Motion to Substitute Real Party in Interest and
Extend Deadline to File Responsive Pleading, filed January 6, 2026. (ECF No. 14.) The Parties
state that the correct defendant in this case is Wen Tennessee, LLC, and request that Meritage
Hospitality Group, Inc., be dismissed without prejudice. (Id. at PageID 28.) The Parties further
seek to extend the deadline for Wen Tennessee, LLC, to respond to Plaintiff Darrissa Brown’s
complaint from January 9 to February 6. (Id.)
District courts may “drop a misjoined party pursuant to Rule 21 absent an abuse of
discretion.” Letherer v. Alger Group, L.L.C., 328 F.3d 262, 267 (6th Cir. 2003), overruled on
other grounds. Under Rule 15, a party “may amend its pleading once as a matter of course no
later than 21 days after serving it, or[,] if the pleading is one to which a responsive pleading is
required, 21 days after service of a responsive pleading.” Fed. R. Civ. P. 15(a)(1). Because no
answer has yet been filed, Brown may amend her complaint to name the correct defendant.
Although the Court previously warned Meritage that it would receive no further
extensions, it is appropriate to extend the deadline for Wen Tennessee, LLC, a party newly
named in this action.
Thus, for good cause shown, the Motion is GRANTED. Going forward, the style of the
case shall be Darrissa Brown v. Wen Tennessee, LLC. Meritage Hospitality Group, Inc., having
been mistakenly named, is no longer a party to this action.
Brown is ORDERED to serve the complaint and this Order on Wen Tennessee, LLC,
within fourteen days of entry of this Order. Service must comply with Rule 4(h) of the Federal
Rules of Civil Procedure. Wen Tennessee, LLC, must respond to the complaint by February 6,
2026.
IT IS SO ORDERED, this 7th day of January, 2026.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE