Case: 1:11-cv-00103-GHD-DAS Doc #: 207 Filed: 08/09/13 1 of 1 PageID #: 1301
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
PLAINTIFF
KMART CORPORATION
CIVIL ACTION NO. 1:11~CV-00103-GHD-DAS
v.
THE KROGER CO.; E & A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; KANSAS CITY RAILWAY COMPANY; and CITY OF CORINTH
DEFENDANTS
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND
GRANTING DEFENDANT'S MOTION TO STRIKE
Pursuant to an opinion issued this day, it is HEREBY ORDERED that
(1) Kroger's motion for judgment on the pleadings [66] is GRANTED only insofar as it pertains to the specific allegations by Kmart that the LOMR was "improperly granted" and "improperly allowed the Kroger store to remain in the floodway";
(2) Kroger's motion for judgment on the pleadings [66] is otherwise DENIED; (3) Kmart's claims that Kroger negligently remained in the floodway and otherwise failed to exercise reasonable care to prevent harm to the Corinth Kmart store from flooding survive this Rule 12(c) motion; (4) Kroger's motion to strike [88] is GRANTED; and
(5) Exhibit 1 [77-1] to Kmart's response [77] to the Rule 12(c) motion and any references in the response to said exhibit are stricken from Kmart's response to the motion for judgment on the pleadings.
It is SO ORDERED, this, the
;CJv
Lda~us~,OD~ SENIOR JUDGE