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)

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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

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