Karen Auday v. Wet Seal Retail, Inc.


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.

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Case: 12-5057 Document: 006111476616 Filed: 10/25/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: October 25, 2012 Mr. Jonathan O. Harris Ms. Jennifer Smith Rusie Ogletree Deakins 401 Commerce Street, Suite 1200 Nashville, TN 37219 Mr. Harry F. Burnette Mr. William H. Payne Mr. Frank P. Pinchak Burnette, Dobson & Pinchak 713 Cherry Street Chattanooga, TN 37402 Re: Case No. 12-5057, Karen Auday v. Wet Seal Retail, Inc. Originating Case No. : 1:10-cv-260 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Ms. Debra Poplin Enclosures Mandate to issue.

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