Chandler v. L'Oreal USA Inc et al

Filing 33

ORDER granting in part and denying in part 16 Motion to Amend; Chandler may amend to substitute the outrage claim and demand a jury by 20 May 2011; granting without prejudice 22 Wal-Mart's Motion to Dismiss. Signed by Judge D. P. Marshall Jr. on 5/10/2011. (mkf)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
LAKESIA CHANDLER
Individually, and as Next Friend
to Minor Jasmine Davis
v.

PLAINTIFF

Case No. 2:11-cv-11-DPM

L’OREAL USA INC.;
L’OREAL USA PRODUCTS, INC.; and
WAL-MART STORES, INC.

DEFENDANTS

ORDER
For the reasons explained on the record at the end of the 9 May 2011
hearing, Chandler’s motion to amend, Document No. 16, is granted in part and
denied in part. Chandler may amend to substitute the outrage claim and
demand a jury. Chandler’s request to add claims against Wal-Mart is denied.
Wal-Mart’s motion to dismiss for failure to state a claim, Document No. 22, is
granted. The dismissal as to Wal-Mart is without prejudice. Chandler should
file her amended complaint—which must reflect all the Court’s rulings to
date—by 20 May 2011.
So Ordered.
___________________________
D.P. Marshall Jr.
United States District Judge
10 May 2011