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)
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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