UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE
February 20, 2013
FRANKIE L. HERDT
THE KROGER CO.
Motions having been and for the reasons set forth in the memorandum opinions entered this date and on December 20, 2012, and the court being otherwise sufficiently advised IT IS HEREBY ORDERED AND ADJUDGED that
(1) The motion of the plaintiff, Frankie L. Herdt, for leave to amend (DN 15) is DENIED AS FUTILE.
(2) The motion of the defendant, The Kroger Co., to dismiss the complaint for failure to state a claim upon which relief may be granted (DN 7) is GRANTED and the complaint is DISMISSED WITH PREJUDICE.
There being no just reason for delay in its entry, this is a final order.
IT IS SO ORDERED.
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