MEMORANDUM OPINION AND ORDER
LYNWOOD SMITH, District Judge.
This case is before the court on defendant's motion to dismiss for failure to state a claim upon which relief can be granted.1 Plaintiff, Stephanie Pinkard, commenced this action in the Circuit Court of Franklin County, Alabama on July 26, 2012.2 Defendant, Wal-Mart Stores, Inc. (Wal-Mart), was served with the complaint on August 7, 2012...
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