Hayes v. Wal-Mart, Inc. et al
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,
WAL-MART, INC., a
EWUVONKA FLOURNOY, an
CIVIL ACTION NO.
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
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.
lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that Sam’s East,
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
After an independent and de novo review of
judge’s recommendation adopted.
The motion for leave
to amend the complaint will be referred back to the
grounds for denial of a motion to amend, the court
brings to the plaintiff’s attention Local Rule 51.1,
original of the amendment to the motion.
to a pleading, document or other papers, whether filed
as a matter of course or upon a motion to amend, must,
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
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