Herkenhoff v. Supervalu Stores, Inc. d/b/a Shop 'n Save et al

Filing 10

MEMORANDUM...This matter is before the Court on the defendants Motions to Dismiss (#3, #4). Plaintiff has not responded, and the time for doing so has passed. Defendants assert that the plaintiff's action against the defendant store and the stor es pharmacy for providing an improper prescription must be dismissed pursuant to § 538.225 RSMo. That statute requires that theplaintiff in such a case furnish an affidavit by a healthcare provider certifying the merit of her case. Plaintiff has failed to do so. Again, plaintiff has not opposed the motion nor has she responded in any way. The motions will be granted. Signed by District Judge Stephen N. Limbaugh, Jr on 12/16/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KATHERINE HERKENHOFF,
Plaintiff,
v.
SUPERVALU STORES, INC. d/b/a
SHOP ‘N SAVE and SUPERVALU
PHARMACIES, INC. d/b/a SHOP ‘N
SAVE PHARMACIES
Defendants.

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Case No. 4:13CV1974 SNLJ

MEMORANDUM
This matter is before the Court on the defendants’ Motions to Dismiss (#3, #4). Plaintiff
has not responded, and the time for doing so has passed. Defendants assert that the plaintiff’s
action against the defendant store and the store’s pharmacy for providing an improper
prescription must be dismissed pursuant to § 538.225 RSMo. That statute requires that the
plaintiff in such a case furnish an affidavit by a healthcare provider certifying the merit of her
case. Plaintiff has failed to do so. Again, plaintiff has not opposed the motion nor has she
responded in any way. The motions will be granted.
Dated this 16th day of December, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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