Clark v. Whole Foods Market Group, Inc.

Filing 33

ORDER granting in part and denying in part 28 Motion to Dismiss and adopting in its entirety 32 Report and Recommendations. Signed by Judge Norman K. Moon on 5/19/11. (jcj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION

LAURIE A. CLARK

CIVIL ACTION NO. 3:10-CV-41
Plaintiff,
ORDER

v.

WHOLE FOODS MARKET GROUP, INC.
Defendant.

JUDGE NORMAN K. MOON

On April 15, 2011, Defendant filed a motion to dismiss with prejudice in the above
captioned case. (docket no. 28). After a hearing before United States Magistrate Judge B.
Waugh Crigler, the Magistrate Judge recommended that the motion be denied insofar as it seeks
dismissal with prejudice, and granted with certain conditions. (docket no. 32). As Plaintiff has
not timely filed any objections to the report and recommendation, it is hereby ADOPTED in its
entirety. Accordingly,
1) Defendant’s motion to dismiss (docket no. 28) is hereby GRANTED in part and
DENIED in part;
2) The motion is DENIED to the extent Defendant seeks dismissal with prejudice;
3) Plaintiff’s action is DISMISSED upon the following terms and conditions:
a. The Plaintiff may refile her action against Defendant only in the Western
District of Virginia;
b. Any case must be filed within the period of limitations and any tolling
allowed by Virginia law;

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c. Defendant forthwith is to notify Plaintiff’s counsel of record of the amount of
expense, if any, incurred in scheduling the cancelled medical examination
which sum must be tendered to Defendant’s counsel prior to initiating any
further proceedings.
It is so ORDERED.
The Clerk of the Court is directed to send a certified copy of this order to all counsel of
record.
19th
Entered this ______ day of May, 2011.

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