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17-1488 - C.W. et al v. Walgreen Co.


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17-1488 - C.W. et al v. Walgreen Co.
January 31, 2018
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Count I is DISMISSED on the Court's own motion for lack of subject matter jurisdiction, and Count II is DISMISSED for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that Defendant Walgreen's motion to dismiss is DENIED as moot as to Counts I and II and GRANTED as to Count III. [Doc. 17] IT IS FURTHER ORDERED that Defendant Walgreen's motion to strike is DENIED as moot as to the prayers for punitive damages and attorney's fees in Counts I and II, and GRANTED as to Plaintiff Gray's prayer for attorney's fees in Count IV. [Doc. 17] An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 1/31/2018. (MRC)