Kerrin v. Federated Department Stores, Inc.

ORDER

FORRESTER, District Judge.

This action, alleging that a black male was injured due to a department store employee’s action, is before the court on a motion for voluntary dismissal without prejudice. Specifically, the complaint contains the following operative facts. Plaintiff, a black male, purchased a three-piece suit from Rich’s Department Store. At the time of the purchase, the vest was not altered. About a week later, plaintiff returned to the same department store for the purpose of having the vest altered. After entering the clothing department, plaintiff put on the vest for the…