Bigham v. Life Insurance Company of North America

Filing 28

JUDGMENT directing that, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Maurine Bigham's motion to dismiss (doc. no. 24 ) is granted; (2) Plaintiff Bigham's mo tion to add party (doc. no. 20 ) is denied as moot; (3) The court declines to exercise supplemental jurisdiction over the counterclaim by defendant Life Insurance Company of North America; (4) This lawsuit in its entirety, both the complaint and the counterclaim, is dismissed without prejudice and with leave to refile in state court; further ORDERED that the consent motion to extension (doc. no. 26 ) is denied as moot; further ORDERED that the parties are to bear their own costs; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 2/19/14. (Furnished to Calendar/AG)(Term'd: Final PTC 06/13/2014 and Jury Trial 07/14/2014) (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

MAURINE BIGHAM,
Plaintiff,
v.
LIFE INSURANCE COMPANY OF
NORTH AMERICA,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
1:13cv689-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it
is

the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) Plaintiff Maurine Bigham’s motion to dismiss (doc.
no. 24) is granted.
(2) Plaintiff Bigham’s motion to add party (doc. no.
20) is denied as moot.
(3)

The

jurisdiction

court
over

declines
the

to

exercise

counterclaim

Insurance Company of North America.

by

supplemental

defendant

Life

(4) This lawsuit in its entirety, both the complaint
and the counterclaim, is dismissed without prejudice and
with leave to refile in state court.
It is further ORDERED that the consent motion to
extension (doc. no.

26) is denied as moot.

It is further ORDERED that the parties are to bear
their own costs.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 19th day of February, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE