Walker v. Terminix International Company LP et al

Filing 16

ORDER granting without prejudice 5 Motion to Dismiss a post-discovery proposed amendment that pleads fraudulent concealment with particularity. Proposed amended complaint covering this, and any new parties, due by 6 June 2014. The Joint Rule 26(f) report is overdue. Please file it so the Court can enter a Final Scheduling Order. Signed by Judge D. P. Marshall Jr. on 2/25/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

CALVIN B. WALKER

v.

No. 4:13-cv-689-DPM

TERMINIX INTERNATIONAL COMPANY LP;
TERMINIX INTERNATIONAL INC.;
and JOHN DOES 1-10

DEFENDANTS

ORDER
Motion to dismiss, NQ 5, granted without prejudice to a post-discovery
proposed amendment that pleads fraudulent concealment with particularity.
Summerhill v. Terminix, Inc., 2009 WL 3380713, *3-4 (E.D. Ark.); FED. R. CIV.

P. 9(b). For now, Walker's claims are bounded by the applicable limitation
periods. But he may do discovery that may lead to admissible evidence on
fraudulent concealment. Proposed amended complaint covering this, and any
new parties, due by 6 June 2014. The Joint Rule 26(£) report is overdue.
Please file it so the Court can enter a Final Scheduling Order.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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