Foster v. Wal-Mart La.

Full title: NYKERRIA FOSTER v. WAL-MART LOUISIANA, L. L. C., ET AL.

Court: United States District Court, Western District of Louisiana

Date published: Sep 5, 2023

CIV. ACTION 3:23-00156 (W.D. La. Sep. 5, 2023)

Opinion

CIV. ACTION 3:23-00156

09-05-2023

NYKERRIA FOSTER v. WAL-MART LOUISIANA, L. L. C., ET AL.

TERRY A. DOUGHTY, DISTRICT JUDGE

KAYLA D. MCCLUSKY MAG. JUDGE

JUDGMENT

TERRY A. DOUGHTY, DISTRICT JUDGE

For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 15] previously filed herein, and having thoroughly reviewed the record, noting the lack of objection thereto, and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED, ADJUDGED, AND DECREED that non-party Wal-Mart Louisiana, L.L.C. is STRICKEN from the case.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Rule 12(b)(6) Motion for Partial Dismissal [Doc. No. 11] filed by Defendant Wal-Mart, Inc. is GRANTED IN PART, and that Plaintiff Nykerria Foster's survival action and request for bystander damages are hereby DISMISSED WITH PREJUDICE pursuant to FED. R. CIV. P. 12(b)(6).

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss [Doc. No. 11] otherwise is DENIED.