Karen Auday v. Wet Seal Retail, Inc.

Filing

OPINION and JUDGMENT filed: The judgment is VACATED, and the case is REMANDED to the district court for the purpose of dismissing the case without prejudice or of allowing Auday to amend the complaint to substitute the Trustee as the plaintiff. Decision for publication pursuant to local rule 206. Jeffrey S. Sutton (AUTHORING), Richard Allen Griffin, and Helene N. White, Circuit Judges.

Case: 12-5057

Document: 006111476613

Filed: 10/25/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

No. 12-5057

Oct 25, 2012
DEBORAH S. HUNT, Clerk

KAREN AUDAY,
Plaintiff - Appellant,
v.
WET SEAL RETAIL, INC.,
Defendant - Appellee.
Before: SUTTON, GRIFFIN and WHITE, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Tennessee at Chattanooga.
THIS CAUSE was heard on the record from the district court and was argued by
counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment is
VACATED, and the case is REMANDED to the district court for the purpose either of
dismissing the case without prejudice or of allowing Auday to amend the complaint to
substitute the Trustee as the plaintiff.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk