Perry et al v. Hicks

Filing 50

MEMORANDUM OPINION AND ORDER GRANTING 48 Motion to Dismiss for Lack of Jurisdiction filed by USAA Casualty Insurance Company. It is ORDERED that this case is DISMISSED without prejudice. Signed by District Judge Terry F. Moorer on 1/17/2023. (fz)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALPHONSO PERRY, et al., Plaintiffs, v. USAA CASUALTY INSURANCE CO., Defendant. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:21-cv-66-TFM-B MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant’s Motion to Dismiss (Doc. 48, filed 11/15/22). On December 6, 2022, Plaintiffs filed their response to the Defendant’s motion to dismiss in which they concede that the case should be dismissed without prejudice. Doc. 49. After careful consideration of the motion, response, and case file, the Court finds that the Defendant’s unopposed motion to dismiss for lack of subject matter jurisdiction (Doc. 48) is due to be GRANTED. Accordingly, it is ORDERED that this case is DISMISSED without prejudice. A separate judgment will be entered pursuant to Fed. R. Civ. P. 58. DONE and ORDERED this the 17th day of January, 2023. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1

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