Heath v. Wal-Mart Stores, Inc.

ORDER DENYING DEFENDANT CESO’S MOTION TO DISMISS AND REQUESTS FOR SANCTIONS

BARKER, District Judge.

Plaintiffs Terry L. Heath and Martha J. Heath brought suit against Wal-Mart Stores, Inc. (“Wal-Mart”), C.E.S.O., Inc. (“CESO”), and Cleveland Construction, Inc. (“Cleveland”) to recover damages suffered during the flooding of their property. They allege that Defendants caused a nuisance to upper riparian landowners when they built a Wal-Mart store in Dearborn County, Indiana. Defendant CESO filed a Motion to Dismiss Plaintiffs’ Supplemental Complaint pursuant to Federal Rule of Civil Procedure…