Jenkins et al v. Kellogg Company et al, No. 4:2008cv00121 - Document 22 (N.D. Miss. 2009)

Court Description: ORDER in accordance with the Memorandum Opinion granting 12 Motion to Dismiss - dismissing Defendant Family Dollar Stores; denying 17 Motion to Remand to State Court. Lifting stay. Parties to contact Magistrate Judge within 10 days re case management conference. Signed by W. Allen Pepper on 7/06/2009. (pbs, USDC)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION IDELLA JENKINS AND EMMITT JENKINS PLAINTIFFS VERSUS CIVIL ACTION NO. 4:08CV121-P-S KELLOGG COMPANY; FAMILY DOLLAR STORES OF GREENVILLE, MISS., INC. AND UNKNOWN DEFENDANTS A-D DEFENDANTS ORDER This cause came on for hearing on defendant Family Dollar Stores [12] Motion to Dismiss and plaintiffs Motion to Remand [17]. The Court, having considered the motions and being otherwise fully advised in the premises, finds as follows, to-wit: In accordance with the Memorandum Opinion entered this day, the Court finds that the plaintiffs Motion to Remand is not well-taken and should be denied. Furthermore, inasmuch as the Court s finding is partially premised on the improper joinder of defendant Family Dollar Stores, said defendant s Motion to Dismiss is well-taken and should be granted. IT IS, THEREFORE, ORDERED AND ADJUDGED that the plaintiffs Motion to Remand [17] is not well-taken and should be, and hereby is, DENIED. IT IS FURTHER ORDERED that defendant Family Dollar Stores Motion to Dismiss [12] is well-taken and should be, and hereby is, GRANTED. IT IS FURTHER ORDERED that defendant Family Dollar Stores is hereby DISMISSED WITH PREJUDICE as a party defendant. IT IS FURTHER ORDERED that the stay imposed by the Magistrate Judge is hereby LIFTED. IT IS FURTHER ORDERED that the parties are to contact the Magistrate Judge within ten (10) days of the entry of this Order to schedule an initial case management conference. This, the 6th day of July, 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE

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