Hayes v. Wal-Mart, Inc. et al

Filing 19

OPINION. Signed by Honorable Judge Myron H. Thompson on 4/13/2016. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

BARBARA SUE HAYES,

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Plaintiff,
v.
WAL-MART, INC., a
corporation; and
EWUVONKA FLOURNOY, an
individual,
Defendants.

CIVIL ACTION NO.
2:15cv648-MHT
(WO)

OPINION
Plaintiff

filed

this

lawsuit

against

defendants

Wal-Mart, Inc., and Ewuvonka Flournoy asserting that
Flournoy, her supervisor, discriminated against her on
the basis of race and age, subjected her to a hostile
environment,
making
claims.

a

and

terminated

complaint;

she

also

her

in

asserts

retaliation
state-law

for
tort

Sam’s East, Inc., which contends that it is

the proper defendant in this case, filed an answer and
motion to dismiss on behalf of Wal-Mart, Inc.

This

lawsuit is now before the court on the recommendation

of the United States Magistrate Judge that Sam’s East,
Inc./Wal-Mart,

Inc.’s

motion

to

dismiss

the

case

be

granted in part and denied in part, and that Flournoy’s
motion to dismiss be granted.

Also before the court

are plaintiff’s objections to the recommendation, and
her incorporated motion for leave to file an amended
complaint.
the

After an independent and de novo review of

record,

objections

the

should

court
be

concludes

overruled

judge’s recommendation adopted.

that

and

plaintiff’s

the

magistrate

The motion for leave

to amend the complaint will be referred back to the
magistrate

judge.

Although

noncompliance

is

not

grounds for denial of a motion to amend, the court
brings to the plaintiff’s attention Local Rule 51.1,
which

provides:

pleading,

document

“A

party

or

other

who

moves

papers

to

shall

original of the amendment to the motion.

amend

attach

a
the

Any amendment

to a pleading, document or other papers, whether filed
as a matter of course or upon a motion to amend, must,

2

except

by

leave

of

Court,

reproduce

the

entire

pleading, document or other papers as amended, and may
not incorporate any prior pleading, document or other
papers by reference.

A failure to comply with this

rule is not grounds for denial of the motion.”
Ala., LR 15.1.
An appropriate judgment will be entered.
DONE, this the 13th day of April, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

M.D.