Roberts v. Wal-Mart Store Stores et al

Filing 55

MEMORANDUM RULING For the foregoing reasons, IT IS ORDERED that the following motions are GRANTED, with the following provisions: Motion to Dismiss Pursuant to FRCP 12(b)(6) and Alternative Motion for Summary Judgment 26 filed by defendant Wal-Mart Louisiana, LLC (Wal-Mart);Motion to Join Wal-Marts Motion to Dismiss 28 , filed by defendant Sonny Stutes; Motion to Dismiss Pursuant to FRCP 12(b)(6) and Alternative Motion for Summary Judgment 29 filed by defendant Jason Hebert (Hebert), indivi dually and in his official capacity as a police officer for the City of Abbeville. IT IS ORDERED that the plaintiffs federal claims are DISMISSED WITH PREJUDICE as prescribed. IT IS FURTHER ORDERED that the plaintiffs state law claims for false arre st, false imprisonment, defamation, and intentional infliction of emotional distress -- as well as the claim for malicious prosecution to the extent it is alleged under state law -- and DISMISSED WITHOUT PREJUDICE to the plaintiffs ability to attempt to assert the claims in the appropriate state forum, as the Court declines to exercise its supplemental jurisdiction over the aforementioned state law claims. IT IS FURTHER ORDERED that the following motions are DENIED AS MOOT: Motion to Dismiss Pla intiffs Supplemental and Amended Complaint Pursuant to FRCP 12(b)(6) filed by Wal-Mart 41 ; Sonny Stutes Rule 12(b)(6) Motion to Dismiss Plaintiffs Supplemental and Amended Complaint 48 ; Motion to Dismiss Plaintiffs Supplemental and Amended Compla int Pursuant to Rule 12(b)(6) and (e), filed by Officer Jason Hebert 49 . It appears the instant Ruling resolves all disputes between the parties. In light of the foregoing, IT IS FURTHER ORDERED that the parties shall submit a proposed judgment, approved as to form, within ten (10) days of the date of this Ruling and Order.Signed by Judge Rebecca F Doherty on 11/02/16. (crt,Guidry, C)