Herdt v. The Kroger Co.

Filing 19

ORDER signed by Senior Judge Charles R. Simpson, III on 2/20/13. For reasons set forth in the memorandum Opinion entered this date and on 12/20/12 the motion of the pltf for leave to amend (DN 15) is DENIED AS FUTILE. The motion of the dft to dismiss the complaint for failure to state a claim is GRANTED and the complaint is DISMISSED WITH PREJUDICE. There being no just reason for delay in its entry, this is a final order. cc:counsel (SJS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

FRANKIE L. HERDT

PLAINTIFF

v.

CIVIL ACTION NO. 3:12CV-190-S

THE KROGER CO.

DEFENDANT

ORDER

Motions having been and for the reasons set forth in the memorandum opinions entered this
date and on December 20, 2012, and the court being otherwise sufficiently advised IT IS HEREBY
ORDERED AND ADJUDGED that
(1) The motion of the plaintiff, Frankie L. Herdt, for leave to amend (DN 15) is DENIED
AS FUTILE.
(2) The motion of the defendant, The Kroger Co., to dismiss the complaint for failure to state
a claim upon which relief may be granted (DN 7) is GRANTED and the complaint is DISMISSED
WITH PREJUDICE.
There being no just reason for delay in its entry, this is a final order.

IT IS SO ORDERED.

February 20, 2013

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