Day v. DolGen Midwest LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JANNELE N. DAY,
Plaintiff, 	Case No. 3:25-cv-226
vs.
DOLGEN MIDWEST LLC, 	District Judge Michael J. Newman
doing business as 	Magistrate Judge Caroline H. Gentry
DOLLAR GENERAL, et al.,
Defendants.
______________________________________________________________________________
ORDER: (1) GRANTING PLAINTIFF’S UNOPPOSED MOTIONS TO VOLUNTARILY
DISMISS DEFENDANT DOLLAR GENERAL STORE 22897 AND HER REQUEST FOR
PUNITIVE DAMAGES (Doc. No. 14); (2) GRANTING DEFENDANTS’ MOTION FOR
JUDGMENT ON THE PLEADINGS SEEKING TO DISMISS DEFENDANT DOLLAR
GENERAL STORE 22897 AND PLAINTIFF’S REQUEST FOR PUNITIVE DAMAGES
AND ATTORNEY’S FEES (Doc. No. 10); (3) DISMISSING, THEREFORE,
DEFENDANT DOLLAR GENERAL STORE 22897 AS A PARTY TO THIS CASE AND
PLAINTIFF’S CLAIMS FOR PUNITIVE DAMAGES AND ATTORNEY’S FEES; (4)
INSTRUCTING THE CLERK OF COURT TO MODIFY THE DOCKET TO REFLECT
THAT DEFENDANT DOLLAR GENERAL STORE 22897 IS NO LONGER A PARTY
TO THIS CASE; AND (5) CONFIRMING THAT THE OHIO DEPARTMENT OF
MEDICAID’S STATUS IS UNAFFECTED BY THIS DECISION
______________________________________________________________________________
This is a personal injury slip and fall case arising from events that allegedly occurred at
Dollar General store number 22897 in Xenia, Ohio. Doc. No. 8. Plaintiff Jannele N. Day, through
counsel, seeks relief against two Defendants: the store itself (Defendant Dollar General Store
22897) and Dollar General’s corporate entity (Defendant DolGen Midwest LLC doing business as
Dollar General) (collectively, “Defendants”).1 Id.
Now before the Court is Defendants’ Fed. R. Civ. P. 12(c) motion for judgment on the
pleadings. Doc. No. 10. In their motion, Defendants argue (1) Plaintiff fails to state an actionable
1 The Ohio Department of Medicaid is also a party in this case in order to recover the monies it expended
on Plaintiff’s medical services and care pursuant to Ohio Rev. Code § 5160.37. Doc. No. 8 at PageID 60-
61; Doc. No. 9 at PageID 63.
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claim against Defendant Dollar General Store 22897, and (2) she also fails to state a claim for
punitive damages or attorney’s fees against either Defendant. Id. at 66-69. Plaintiff did not file a
responsive memorandum, and the time for doing so has passed. 	S.D. Ohio Civ. R. 7.2(a)(2).
Accordingly, the Court deems the motion unopposed.
Also now at issue are two Fed. R. Civ. P. 21 motions filed by Plaintiff—apparently in
response to Defendants’ motion—seeking similar relief as that sought by Defendants: Plaintiff
now moves to voluntarily dismiss her claims against Dollar General Store 22897 and to dismiss
her request for punitive damages against both Defendants. 	Doc. No. 14. 	Defendants (for
somewhat obvious reasons) did not file an opposition memorandum to these motions, and the time
for doing so has passed. S.D. Ohio Civ. R. 7.2(a)(2). Accordingly, the Court also deems these
motions unopposed.
All three motions are ripe for review.
Pursuant to Fed. R. Civ. P. 12(c) and 21, for good cause shown, and in the absence of
opposition, the three motions are EACH GRANTED. 	This means, as a practical matter, that
Defendant Dollar General Store 22897 is no longer a party to this case, and that Plaintiff no longer
seeks either punitive damages or attorney’s fees from the remaining Defendant, DolGen Midwest
LLC doing business as Dollar General. The Clerk of Court SHALL MODIFY THE DOCKET
to reflect that Dollar General Store 22897 is no longer a party to this case.
The 	Court 	also 	CLARIFIES 	that 	the 	Ohio 	Department 	of 	Medicaid’s 	status 	is
UNAFFECTED by this decision.
IT IS SO ORDERED.
January 30, 2026 	s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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