Hayes v. Wal-Mart, Inc. et al

Filing 20

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's 18 objections are overruled. (2) The United States Magistrate Judge's 17 recommendation is adopted. (3) Sams Club, Inc./Wal-Mart, Inc.'s 6 motion to dismiss is granted without prejudice as to plaintiff's claims against Wal-Mart, Inc. in Counts I and IV-VI and denied as to plaintiff's claim of race discrimination against Wal-Mart, Inc. in Count II. (4) Defendant Ewuvonka Flour noy's 7 motion to dismiss is granted as to Counts I-V with prejudice, and is granted as to Count VI without prejudice. (5) Plaintiff's 18 motion for leave to amend the complaint is left for resolution by the magistrate judge. (6) No cos ts are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/13/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

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.

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

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff's

objections

(doc.

no.

18)

are

overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 17) is adopted.
(3) Sam’s

Club,

Inc./Wal-Mart,

Inc.’s

motion

to

dismiss (doc. no. 6) is granted without prejudice as to
plaintiff’s claims against Wal-Mart, Inc. in Counts I

and IV-VI and denied as to plaintiff’s claim of race
discrimination against Wal-Mart, Inc. in Count II.
(4) Defendant Ewuvonka Flournoy’s motion to dismiss
(doc.

no.

prejudice,

7)

is

granted

as

to

and

is

granted

as

to

motion

for

Counts
Count

I-V
VI

with

without

prejudice.
(5) Plaintiff’s

leave

to

amend

the

complaint (doc. no. 18) is left for resolution by the
magistrate judge.
(6) No costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed, and is referred back to
the

United

States

Magistrate

Judge

for

further

proceedings.
DONE, this the 13th day of April, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE