Warren v. Krispy Kreme Doughnuts et al
ORDER re 23 MOTION to Dismiss Plaintiff's Amended Complaint filed by A-OK LLC, Charleston's Restaurant Group, Krispy Kreme Doughnuts, HS-Real Estate, Hal Smith Restaurant Group. The Court grants plaintiff an addition al 90 days nunc pro tunc, or up to and including April 17, 2013, to correct any errors in service of process. Defendants' motion to dismiss separate defts Krispy Kreme Doughnuts, Hal Smith Restaurant Group and Charleston's Restaurant Group is denied. Defendants may reassert these arguments in a motion for summary judgment. Signed by Judge James M. Moody on 3/8/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
VALENTINO V. WARREN
KRISPY CREME DOUGHNUTS
HAL SMITH RESTAURANT GROUP
CHARLESTON’S RESTAURANT GROUP
A-OK, L.L.C., and
Pending is Defendants’ motion to dismiss. (Docket # 23). Plaintiff has filed a response.
Defendants argue that service on Separate Defendants A-Ok, LLC, HS-Real Estate, Hal Smith
Restaurant Group and Charleston’s Restaurant Group was untimely. The Court will grant
Plaintiff an additional ninety (90) days, nunc pro tunc, or up to an including April 17, 2013, to
correct any errors in service of process.
Defendants also assert that Separate Defendants Krispy Kreme Doughnuts, Hal Smith
Restaurant Group and Charleston’s Restaurant Group should be dismissed because they are not
proper Defendants. Because the consideration of this issue requires the Court to consider
matters outside the pleadings, Defendants’ motion to dismiss is denied. Defendants may reassert
these arguments in a Motion for Summary Judgment.
Accordingly, Defendants’ motion is DENIED.
IT IS SO ORDERED this 8th day of March, 2013.
James M. Moody
United States District Judge
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