Kennedy v. United American Insurance Company

Filing 42

ORDER denying deft's 24 Motion to Dismiss. Signed by Judge Susan Webber Wright on 7/24/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
BRENDA KENNEDY, individually and
on behalf of others similarly situated
Plaintiff
V.
UNITED AMERICAN INSURANCE
COMPANY
Defendant

*
*
*
*
*
*
*
*
*
*
*

NO: 2:11CV00131 SWW

ORDER
By order entered July 3, 2012, the Court gave Plaintiff twenty days from entry of the
order for NEA Baptist Memorial Hospital (“NEA”) to ratify, join, or be substituted as plaintiff in
this action. Additionally, pursuant to Rule 17(a)(3) of the Federal Rules of Civil Procedure, the
Court held in abeyance Defendant’s motion to dismiss for failure to prosecute in the name of the
real party in interest. On July 23, Plaintiff filed a notice of ratification and release of assignment
(docket entry #41). Attached to the notice is a document entitled “Ratification and Release of
Assignment,” which states that NEA “hereby releases the assignment that Brenda Kennedy
executed in its favor on March 25, 2009" and that NEA ratifies Plaintiff’s actions in making
claims against Defendant for insurance benefits and bringing this lawsuit. Docket entry #41, Ex.
#1. The ratification and release, dated July 23, 2012, is signed by Brad H. Parsons,
CEO/Administrator. In light of Plaintiff’s filing, the Court finds that Plaintiff now qualifies as
the real party in interest.
IT IS THEREFORE ORDERED that Defendant’s motion to dismiss (docket entry #24) is
DENIED.

IT IS SO ORDERED THIS 24TH DAY OF JULY, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2