Ashley Peach of Granite City, who filed class action suits against Wal-Mart and K-Mart for refusing to give change on gift cards, has fallen behind in pursuing the cases.
Peach missed a June 19 target for answering a K-Mart motion to dismiss and a July 8 date to respond to Wal-Mart motion to dismiss.
She has already dismissed a class action suit she filed last year against Charming Shoppes Inc., owners of Fashion Bug stores.
Wal-Mart and K-Mart argue that Peach alleges no unfair practice. They say gift cards carry notices that customers cannot redeem them for cash.
The retailers argue that Peach shows no damage. They say she can spend the balances that remain on her cards.
Peach’s Wal-Mart card carries a $1.39 balance. Her K-Mart card carries 52 cents.
Madison County Circuit Judge Nicholas Byron set Peach’s response dates at a hearing on K-Mart in May and a hearing on Wal-Mart in June.
Byron ordered K-Mart to reply to Peach 30 days after receiving Peach’s response. He gave Wal-Mart 21 days.
Byron has not set a hearing on either motion.
Jeffrey Millar, of the Lakin Law Firm in Wood River, represents Peach. Jennifer Kingston, of Bryan Cave in St. Louis, represents Wal-Mart and K-Mart.
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