Herkenhoff v. Supervalu Stores, Inc. d/b/a Shop 'n Save et al
| Katherine M. Herkenhoff |
| Supervalu Pharmacies, Inc. and Supervalu Stores, Inc. |
| 4:2013cv01974 |
| October 3, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Stephen N. Limbaugh |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
90
MEMORANDUM AND ORDER re: 49 MOTION to Dismiss Party Supervalu Pharmacies, Inc. d/b/a Shop 'n Save Pharmacies, Inc. filed by Defendant Supervalu Pharmacies, Inc., 51 MOTION to Dismiss Party Supervalu Inc. f/k/a Super valu Stores, Inc. filed by Defendant Supervalu Stores, Inc., 65 MOTION to Dismiss :Plaintiff's Third Amended Complaint filed by Defendant Supervalu Stores, Inc., 63 MOTION to Dismiss :Plaintiff's Third Amende d Complaint filed by Defendant Supervalu Pharmacies, Inc., 69 MOTION to Dismiss :Fourth Amended Complaint filed by Defendant Supervalu Pharmacies, Inc., Defendant Supervalu Stores, Inc., 59 MOTION for Sanctions filed by Defendant Shop 'N Save Warehouse Foods Inc., Defendant Supervalu Pharmacies, Inc., Defendant Supervalu Stores, Inc. IT IS HEREBY ORDERED that the defendants' motion to dismiss (#69) is GRANTED in part and DENIED in part. IT IS FUR THER ORDERED that defendant Supervalue Stores, Inc. is DISMISSED. IT IS FURTHER ORDERED that Count II is DISMISSED and plaintiff's claims for failure to supervise, improper labeling, and attorneys' fees are DISMISSED. IT IS FURTHER ORDERED that the defendants' motion for sanctions (#59) is GRANTED in part and DENIED in part; defendants may file a motion seeking reasonable monetary sanctions are set forth in this memorandum. IT IS FINALLY ORDERED that the remaining motions to dismiss earlier versions of the complaint (#49, #51, #63, #65) are DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 1/12/15. (CSG)
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Filing
62
MEMORANDUM AND ORDER re: 40 MOTION to Remand Case to State Court to State Court filed by Plaintiff Katherine M. Herkenhoff, 26 MOTION for Leave to File Responses out of Time filed by Plaintiff Katherine M. Herkenhoff, 24 MOTION to Strike 23 Response to Motion to Dismiss filed by Defendant Shop 'N Save Warehouse Foods Inc., 35 MOTION to Dismiss :Count I of Plaintiff's Second Amended Petition filed by Defendant Lindsay Reel, 18 MOTION to Dismiss Party Supervalu Stores, Inc. d/b/a Shop 'n Save and Shop 'n Save Warehouse Foods, Inc. filed by Defendant Shop 'N Save Warehouse Foods Inc., Defendant Shop 'N Save Pharmacies, 41 MOTION for Leave to File Third Amended Petition filed by Plaintiff Katherine M. Herkenhoff, 36 MOTION to Dismiss :Plaintiff's Second Amended Petition filed by Defendant Lindsay Reel, 17 MOTION for More Definite Statement and MOTION to Strike 15 Amended Complaint, filed by Defendant Supervalu Pharmacies, Inc., 25 MOTION to Strike 20 Response to Motion to Dismiss Count I filed by Defendant Supervalu Pharmacies, Inc., 16 M OTION to Dismiss :Count I of Plaintiff's First Amended Petition filed by Defendant Supervalu Pharmacies, Inc. IT IS HEREBY ORDERED that the Motion to Dismiss Count I of the First Amended Complaint (#16), Motion for More Definite State ment and Motion to Strike (#17), Motion to Dismiss (#18), Motions to Strike (#24, #25), Motions for Leave to File Responses Out of Time (#26), Motions to Dismiss (#35, #36) are DENIED as moot. IT IS FURTHER ORDERED that the plaintiff's Motion to Remand (#40) is DENIED. IT IS FURTHER ORDERED that plaintiff's Motion for Leave to File Third Amended Complaint (#41) is GRANTED, but IT IS FURTHER ORDERED that defendants Shop n Save Warehouse Foods, Inc., Fred Tichy, and Lindsay Reel are DISM ISSED as having been fraudulently joined. IT IS FINALLY ORDERED that defendants shall have seven days from the date of this order either to file new Motions to Dismiss in light of the Third Amended Complaint, or to advise the Court and plaintiff that they wish to stand on the arguments made in the Motions to Dismiss (#49, #51) as they apply to the Third Amended Complaint. The plaintiff shall have seven days thereafter in which to file memoranda responding to the Motions to Dismiss and Motion for Sanctions. Defendant shall have seven days thereafter to file any reply memoranda. Signed by District Judge Stephen N. Limbaugh, Jr on 8/8/14. (CSG)
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Filing
34
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the parties shall show cause why this matter should not be remanded to state court for lack of subject matter jurisdiction no later than June 30, 2014. IT IS FURTHER ORDERED that the defendants shall in dicate no later than June 30, 2014 whether, in the event that this matter is not remanded to state court, their pending motions have been rendered moot by the Second Amended Complaint and whether they intend to file new motions to dismiss. Show Cause Response due by 6/30/2014.. Signed by District Judge Stephen N. Limbaugh, Jr on 6/16/14. (MRS)
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Filing
13
MEMORANDUM AND ORDER re: 12 MOTION for Reconsideration re 11 Order on Motion to Dismiss Party, 10 Memorandum & Order, filed by Plaintiff Katherine M. Herkenhoff. IT IS HEREBY ORDERED that plaintiff's Motion for Reconsidera tion is GRANTED. IT IS FURTHER ORDERED that the Court's Dismissal without Prejudice (#11) is VACATED. IT IS FINALLY ORDERED that plaintiff shall file amended pleadings no later than January 29, 2014. ( Amended/Supplemental Pleadings due by 1/29/2014.) Case reopened. Signed by District Judge Stephen N. Limbaugh, Jr on 1/15/14. (CSG)
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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)
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