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Brabson v. Sears, Roebuck and Co.

United States District Court, E.D. Tennessee, Knoxville

November 17, 2014

MELISSA K. BRABSON, Plaintiff,
v.
SEARS, ROEBUCK AND CO. and TIM LOCKHART in his capacity as Manager and individually, Defendants.

ORDER

THOMAS W. PHILLIPS, Sr., District Judge.

For the reasons set forth in the accompanying memorandum opinion, defendant Lockhart's first motion to dismiss [Doc. 4] is DENIED as moot; defendant Lockhart's second motion to dismiss [Doc. 13] is DENIED; defendant Sears, Roebuck and Co.'s partial motion to dismiss [Doc. 15] is DENIED as moot; and plaintiff's motion for voluntary nonsuit [Doc. 19] is GRANTED, whereby the following claims will be DISMISSED without prejudice: the retaliatory discharge claims against defendant Lockhart under the TPPA and the common law; the claims of negligent infliction of emotional distress against both defendants; and the claim of negligent delegation of duty to hire and train against Sears.

IT IS SO ORDERED.


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