Hobson v. Save-A-Lot Food Stores, Ltd.

Filing 47

MEMORANDUM AND ORDER, The Court DISMISSES Count III of the second amended complaint and DIRECTS the Clerk of Court to terminate Supervalu, Inc. as a party. The Court DIRECTS Hobson to file a third-amended complaint by December 12, 2017. Signed by Judge J. Phil Gilbert on 11/27/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDDIE HOBSON,
Plaintiff,
v.

Case No. 3:17-cv-00617-JPG-DGW

SAVE-A-LOT FOOD STORES, LTD., d/b/a/
SAVE-A-LOT STORE #412, MORAN
FOODS, LLC, and SUPERVALU INC.,
Defendants.

MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on defendant Supervalu, Inc.’s Motion to Dismiss
Count III of Plaintiff’s Second Amended Complaint. (Doc. 44.) Supervalu has not identified
which rule of the Federal Rules of Civil Procedure they bring their motion, so the Court will
construe it under Rule 12(b)(6). Plaintiff Eddie Hobson has filed an untimely response to
Supervalu’s motion. (Doc. 45.)
Hobson alleges that she slipped and fell at a Save-A-Lot food store in East St. Louis,
Illinois, leading to a serious injury. She initially brought this negligence action against Save-ALot Food Stores in Illinois state court, but the defendant removed the case to this Court on a
theory of diversity jurisdiction. (Doc. 1.) Two months later, Hobson amended her complaint to
add Moran Foods, LLC as a party. (Doc. 21.) Moran Foods operates the Save-A-Lot store that
Hobson was injured at. (Doc. 42, ¶ 3.) Hobson then amended her complaint a second time to add
Supervalu Inc.—who was the parent corporation of Moran Foods, LLC at the time of the slipand-fall—as another defendant. (Doc. 44.)

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Now, Supervalu argues that the Court should dismiss them as a party because Hobson has
not pled any basis to pierce their corporate veil in order to hold Supervalu liable. (Doc. 44, ¶¶ 8–
10.) Hobson has responded that she “cannot oppose dismissal of Defendants Save-a-Lot and
Supervalu, without prejudice.” (Doc. 45, pp. 2.) Hobson acknowledges that she has “no
information or evidence to show that Defendants Save-a-Lot or Supervalu have any duty to
plaintiff under the facts of this case . . .” and she “must rely on the representation that the proper
Defendant in this case is defendant Moran.” (Id.) Since Hobson appears to consent to
Supervalu’s motion, the Court DISMISSES Count III of the second amended complaint and
DIRECTS the Clerk of Court to terminate Supervalu, Inc. as a party.
One final word is in order. In Hobson’s second amended complaint, she states three times
that her “building was damaged by Defendant’s negligence” in multiple respects related to her
slip and fall. (Doc. 42, ¶¶ 12, 16, 20.) This does not make sense, and the Court assumes it is a
mistake considering it can find no reference to any buildings owned by Hobson in any of the
prior pleadings. The Court DIRECTS Hobson to file a third-amended complaint by December
12, 2017 that remedies this issue.
IT IS SO ORDERED.
DATED: November 27, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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