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Gilmore v. Family Dollar

Complaint Over Child's Loss Does Not State Theories for NIED Claim, Allege Wrongful Death

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DECISION AND ORDER INTRODUCTION Pro se Plaintiff Antonio Gilmore commenced this action in Monroe County Supreme Court, which Defendant timely removed to this Court on January 22, 2024.1 ECF No. 1. Defendant moved to dismiss the complaint. ECF No. 5. Plaintiff did not respond. As explained below, Defendant’s motion is GRANTED and the complaint is dismissed without prejudice. Plaintiff may file an amended complaint no later than July 25, 2024. Defendant’s motion for a conference, ECF No. 7, is DENIED as moot in light of the parties’ request for, and the Court’s designation of, a mediator in this matter. See ECF Nos. 9, 10. BACKGROUND Plaintiff is an individual who resides in Rochester, New York. ECF No. 1-2 at 1. Defendant Family Dollar is, through a chain of single-member limited liability companies, owned by Dollar Tree Stores, Inc., a Virginia corporation with its principal place of business in Virginia. ECF No. 1

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