DICKINSON DEBEVOISE, Senior District Judge
Defendant, Wal-Mart, having moved to dismiss the complaint of Plaintiffs Edward Mattus, et. al, and Plaintiffs having moved for leave to amend their complaint, and the court having reviewed the submissions of the parties and having heard the arguments of counsel; and for the reasons set forth in an opinion of even date,
IT IS, on this 18th day of November, 2005, ORDERED as follows:
1. Plaintiffs' motion to amend their complaint is granted;
2. Wal-Mart's motion to dismiss Plaintiffs' Second Amended Complaint is granted with respect to Counts V and VII and said Counts are hereby dismissed.
3. Wal-Mart's motion to dismiss Plaintiffs' Second Amended Complaint is denied with respect to Counts I, II, III, IV, VI and VIII.