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McCANN v. WAL-MART STORES, INC.

Case No. 2:11-CV-12.

CLARA McCANN, Plaintiff, v. WAL-MART STORES, INC. AND BRIAN ALLEN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS STORE MANGER, Defendants.

United States District Court, N.D. Mississippi, Delta Division.

March 7, 2012.

Attorney(s) appearing for the Case

Clara McCann, Plaintiff, represented by Willie Griffin , BAILEY & GRIFFIN.

Wal-Mart Stores, Inc., Defendant, represented by Steven R. Cupp , WATKINS LUDLAM WINTER & STENNIS, P.A..

Brian Allen, individually and in his official capacity as store manager, Defendant, represented by Steven R. Cupp , WATKINS LUDLAM WINTER & STENNIS, P.A..

MEMORANDUM OPINION

MICHAEL P. MILLS, District Judge.

This cause comes before the court on the unopposed motion [22] of the defendants for summary judgment pursuant to Fed. R. Civ. P. 56. The court adheres to Fifth Circuit precedent that an unopposed motion for summary judgment may not be granted absent a "clear record of delay or contumacious conduct." Johnson v. Pettiford, 442 F.3d 917, 919 (5th Cir. 2006)....

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