Wall v. Mansfield et al

Filing 50

ORDER DISMISSING CASE: Plaintiff's claims against theDefendants are DISMISSED WITH PREJUDICE; and State Farm's crossclaim is DISMISSED WITHOUT PREJUDICE. Each party shall bear their own costs. Signed by Judge J. Randal Hall on 01/23/2017. (maa)

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IN THE UNITED FOR THE STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION BRANDON ANDREW WALL, * • Plaintiff, * * v. * DAVID JUNIOR MANSFIELD; CV 114-199 * WILLIAMS MOVING COMPANY; * and VANLINER INSURANCE COMPANY, * Defendants. * ORDER On September 16, 2016, Plaintiff and Defendants filed their Stipulation of Dismissal seeking to dismiss Plaintiff's claims against Defendants with prejudice. (Doc. 47.) The stipulation is signed by all named parties to the case, but is not signed by an interested ("State party, Farm"), who State has crossclaim in this action.1 Farm filed Fire a and Casualty responsive (Id^ at 2; Doc. 8.) Company pleading and Accordingly, on January 9, 2017, the Court entered an Order directing State Farm to show cause as to why the Court Plaintiff's claims against Defendants; crossclaim; and (c) close this case should not: (a) dismiss (b) dismiss State Farm's (the "Show Cause Order"). 1 State Farm alleges that it is "the alleged uninsured motorist liability carrier for [Plaintiff]." (Doc. 8, at 1.) In Georgia, a plaintiff's uninsured motorist liability insurer may file pleadings and take other actions as a matter of right in certain specified cases. See O.C.G.A. § 337-11. (Doc. 48.) On January 20, to the Show Cause Order, the dismissal dismissal of of its of this case. 2017, State Farm filed its in which it Plaintiff's states that it claims with consents to prejudice, crossclaim without prejudice, (Doc. response and the the closure 49.) Upon due consideration, the Court finds that dismissal is appropriate under Federal Rule of Civil Procedure 41(a)(2). IS THEREFORE ORDERED Defendants are crossclaim is that: (a) DISMISSED WITH DISMISSED Plaintiff's PREJUDICE; WITHOUT claims and (b) PREJUDICE. directed to TERMINATE all motions and deadlines case. against State The IT the Farm's Clerk is and CLOSE this Each party shall bear their own costs. ORDER ENTERED at Augusta, January, Georgia, this «£^?3 day of 2017. HONO^ABLE^ J. RANDAL HALL UNITEIpSTATES DISTRICT JUDGE CRN DISTRICT OF GEORGIA

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