Hayes v. Wal-Mart, Inc. et al

Filing 19

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

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION BARBARA SUE HAYES, ) ) ) ) ) ) ) ) ) ) ) ) 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.

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