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: 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. [phone]
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.