Ball v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of defendant Wal-Mart Stores, Inc. (Wal-Mart) to dismiss with prejudice pursuant to Rule 12(c) of the Federal Rules of Civil Procedure based on plaintiffs’ ineffective service of process, or alternatively, because plaintiffs’ action is barred by the statute of limitations. Plaintiffs Connie Sue S. Ball and Augusts F. Ball oppose the motion, and the court, having considered the parties’ memoranda, concludes that defendant’s motion is not well taken and will be denied.

By way of its motion, Wal-Mart…