Auto-Owners Insurance Company v. Brooks et al

Filing 13

ORDER granting 11 Motion to Dismiss. The Court GRANTS Plaintiffs Motion, DISMISSES the action without prejudice, and DIRECTS the Clerk to CLOSE the case. Signed by District Judge R. Stan Baker on October 14, 2020. (jrb)

Case 4:19-cv-00304-RSB-CLR Document 13 Filed 10/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

AUTO-OWNERS INSURANCE COMPANY,
Plaintiff,

CIVIL ACTION NO.: 4:19-cv-304

v.
EUGENE BROOKS; LYNDA BROOKS; and
GEORGIA WINDOW INSTALLATION
SERVICES, LLC,
Defendants.
ORDER
Plaintiff Auto-Owners Insurance Company (“Auto-Owners”) filed this action seeking a
declaratory judgment regarding its rights and duties under a contract of insurance issued to
Defendant Georgia Window Installation Services, LLC (“Georgia Window”).

(Doc. 1.)

According to the Complaint, prior to the filing of this action, Eugene Brooks and Lynda Brooks,
both of whom are Defendants in this action, filed suit in the State Court of Chatham County seeking
damages from Georgia Window (hereinafter, the “underlying state court action”) for injuries and
losses they allegedly suffered as a result of work performed by Georgia Window at their home.
(Id. at pp. 3–6.) Based on its belief that the insurance policy it issued to Georgia Window does
not cover the claims asserted in the underlying state court action, Auto-Owners filed this action
seeking a declaratory judgment regarding coverage. (Id. at pp. 14–5.) The Brooks have filed
Answers, (docs. 5–7); Georgia Window has not.
Presently before the Court is Auto-Owners’ Motion to Dismiss Without Prejudice. (Doc.
11.) Therein, Auto-Owners advises that, on May 27, 2020, Georgia Window was dismissed from
the underlying state court action. (Id. at p. 2; see also doc. 12-1.) As Auto-Owners concedes,
“[t]he dismissal of [Georgia Window] from the underlying action renders [Auto-Owners’]
Complaint for Declaratory Judgment moot and resolves all issues asserted in Plaintiff’s Complaint

Case 4:19-cv-00304-RSB-CLR Document 13 Filed 10/14/20 Page 2 of 2

for Declaratory Judgment and Defendants’ Answers,” and Auto-Owners therefore moves to
dismiss the present action without prejudice. (Doc. 11, p. 2.)
None of the Defendants have filed any sort of response to the Motion to Dismiss; as a
result, they have neither objected to nor requested that any special terms be placed upon the
dismissal. The Court also notes that no counterclaims or cross-claims have been filed by any of
the Defendants. Accordingly, the Court GRANTS Plaintiff’s Motion, (doc. 11), DISMISSES the
action without prejudice, and DIRECTS the Clerk to CLOSE the case.
SO ORDERED, this 14th day of October, 2020.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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