DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX TAMYKA WEEKS : CIVIL ACTION : v. : : LEEWARD ISLANDS APOTHECARIES : NO. 09-0050 D/B/A MEDICINE SHOPPE, et al : ORDER AND NOW, this 9th day of February, 2011, upon consideration of the Motion to Dismiss Plaintiff’s First Amended Complaint (Document No. 12), the defendants’ response, the plaintiff’s reply, and the First Amended Complaint, it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED as follows: 1. Counts I, II and IV are DISMISSED as to the defendants Troy A. de Chabert- Schuster, Gregory L. Schuster, and Lowell O. Schuster only; 2. Count III of the First Amended Complaint is DISMISSED as to all defendants; 3. Plaintiff is granted leave to amend her First Amended Complaint solely with respect to Count III. 4. If the plaintiff elects to amend Count III of her First Amended Complaint, she must do so no later than February 22, 2011. /s/ Timothy J. Savage TIMOTHY J. SAVAGE, J. Case: 1:09-cv-00050-TJS Document #: 41 Filed: 02/11/11 Page 1 of 1