Opinion
Civil Action 22-1217
10-11-2022
ORDER
NITZA I. QUINONES ALEJANDRO, JUDGE, UNITED STATES DISTRICT COURT
AND NOW, this 11th day of October 2022, upon consideration of the motion to dismiss filed by Defendants Walmart Inc., Wal-Mart Stores East, Inc., and Wal-Mart Stores East, LP (collectively, “Walmart”), [ECF 11], Plaintiff's response in opposition, [ECF 25], Walmart's reply, [ECF 29], Plaintiff's sur-reply, [ECF 30], and the allegations in the complaint, [ECF 1-4], it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion, that:
(1) the motion to dismiss is DENIED as to Count II (negligence); and
(2) the motion to dismiss is GRANTED at to all other claims and demands. Accordingly, Counts I, III, IV, V, VI, VII, and VIII, and Plaintiff's demands for punitive damages and injunctive relief are DISMISSED.