Logan v. Boddie-Noell Enterprises, Inc. et al

Filing 44

ORDER granting 40 Motion to Strike; dismissing Defendant Cindy Robinson from this case; denying 35 Renewed Motion to Remand to State Court; dismissing as moot 7 Motion to Dismiss; dismissing as moot 12 Motion to Remand to State Court. Signed by Judge Jackson L. Kiser on 12/1/11. (ham)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
Danville Division
BERNADETTE G. LOGAN,
Plaintiff,
v.
BODDIE-NOELL ENTERPRISES, INC.,
and
CINDY ROBINSON,
Defendants.

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Case No. 4:11-cv-00008
ORDER
By: Jackson L. Kiser
Senior United States District Judge

Before me are Plaintiff’s Renewed Motion to Remand and Renewed Response to Motion
to Dismiss (“Renewed Motion to Remand” [ECF. No. 35]) and Defendants’ Motion to Strike
Plaintiff’s Memorandum in Support of Plaintiff’s Second Motion to Remand and Renewed
Response to Defendant’s Motion to Dismiss (“Motion to Strike” [ECF No. 40]). For the reasons
stated in the accompanying Memorandum Opinion, I hereby GRANT Defendants’ Motion to
Strike, DISMISS Defendant Cindy Roberson (incorrectly named in the Complaint as “Cindy
Robinson”) from this case, and DENY Plaintiff’s Renewed Motion to Remand. On April 4,
2011, I entered an order taking Defendants’ Motion to Dismiss and Plaintiff’s original Motion to
Remand under advisement. Because entry of this Order necessarily disposes of those motions, I
deem Defendants’ Motion to Dismiss and Plaintiff’s Motion to Remand DISMISSED AS
MOOT.
The Clerk is directed to send a copy of this Order and accompanying Memorandum
Opinion to counsel of record.
ENTERED this 1st day of December, 2011.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE