Lawsuit against K-Mart dismissed for inactivity

By Kyla Asbury | Dec 4, 2013

CHARLESTON - A lawsuit against K-Mart Corporation has been dismissed after there was no activity in the matter for more than one year.

On July 3, the court reviewed the official court record in the case, which indicated that there had been no activity in the action for a period of more than one year.

The counsel of record and/or the parties involved, after notice, have not presented a motion or demonstrated good cause why the action should not be dismissed from the docket of the court, according to the dismissal order.

The court dismissed the action and ordered it to be stricken from the docket.

From 2005 until April 8, 2011, Alexander Todd was employed by the defendant, according to a complaint filed Sept. 6, 2011, in Kanawha Circuit Court.

Todd claimed the defendant terminated his employment on April 8 and was required to pay him his final wages within 72 hours of discharge, but failed to do so.

The defendant’s actions violated the West Virginia Wage Payment and Collection Act, according to the suit.

Todd was seeking compensatory and punitive damages. He was being represented by Ricklin Brown and Mary Pat Statler of Bailey & Glasser.

The defendant was represented by Kevin Nelson of Huddleston Bolen LLP.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1537

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