Unum Life Insurance Company of America v. Tankersley

Filing 25

ORDER LIFTING STAY and GRANTING Plaintiff's Motion for Voluntary Dismissal: As explained in the attached Order (and because Defendant/Debtor Tankersley obtained a discharge in his bankruptcy proceeding), the Court LIFTS the stay previously imp osed herein and, finding good cause, GRANTS Plaintiff Unum's motion (Doc. 24) for voluntary dismissal of this matter without prejudice, each party to bear his/its own costs and attorney's fees. Clerk's Office to close case and clear all settings/deadlines. Signed by Judge Michael J. Reagan on 5/2/14. (soh )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNUM LIFE INS. CO. OF AMERICA,
Plaintiff,
vs.
JAMES M. TANKERSLEY,
Defendant.

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Case No. 13-cv-0373-MJR-SCW

ORDER ON PLAINTIFF’S
MOTION FOR VOLUNTARY DISMISSAL
REAGAN, District Judge:
In April 2013, Unum Life Insurance Company filed suit in this Court, seeking to
recover allegedly overpaid disability insurance benefits from James Tankersley (under an
employee welfare plan issued by Unum).

Defendant Tankersley answered in November

2013. Unum filed a motion for summary judgment, but the case was automatically stayed
quickly thereafter when Tankersley filed a voluntary bankruptcy petition in the U.S.
Bankruptcy Court for the Southern District of Illinois.
One month ago, the Bankruptcy Court issued an Order closing the bankruptcy case,
after granting Defendant/Debtor Tankersley a discharge.

Based on that discharge, Unum

now moves the Court under Federal Rule of Civil Procedure 41(a)(2) to dismiss this matter
without prejudice, each party to bear its own attorney's fees and costs.

(Although the

pleading was filed in cm/ecf as a “Notice,” it was captioned, and is properly treated as, a
motion under Rule 41(a)(2).)

Defense counsel has advised the chambers of the

undersigned Judge that Defendant Tankersley has no objection to Unum’s motion for
voluntary dismissal.

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Finding good cause, the Court GRANTS Plaintiff Unum’s motion for voluntary
dismissal (Doc. 24). This case is dismissed without prejudice, each party to bear his/its own
attorney’s fees and costs.

IT IS SO ORDERED.
DATED May 2, 2014.
s/ Michael J. Reagan
Michael J. Reagan
United States District Judge

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