Remy v. HCC Life Insurance Company

Filing 52

MEMORANDUM AND ORDER granting 51 Joint Motion to Dismiss with Prejudice and Memorandum in Support. Signed by District Judge Carlos Murguia on 8/28/2018. (hl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CONNIE REMY,
Plaintiff,
v.

Case No. 17-2267-CM

HCC LIFE INSURANCE COMPANY,
Defendant.

MEMORANDUM & ORDER
This matter comes before the court upon the parties’ Joint Motion to Dismiss with Prejudice and
Memorandum in Support (Doc. 51).
Defendant removed plaintiff’s breach of contract claim from Johnson County District Court on
May 10, 2017. Plaintiff’s petition claimed that defendant breached plaintiff’s health insurance policy by
failing to pay her valid medical bills.
The parties now inform the court that they have resolved this matter. They ask the court to
dismiss plaintiff’s complaint with prejudice with each party to bear its own costs.
Under Fed. R. Civ. P. 41(a)(2), “an action may be dismissed at the plaintiff’s request . . . on terms
that the court considers proper.” Such dismissals are typically without prejudice, but the parties here
specify that the case should be dismissed with prejudice. Accordingly, the parties’ joint motion is
granted and this case is dismissed with prejudice. Each party shall bear its own costs.
IT IS THEREFORE ORDERED that the parties’ Joint Motion to Dismiss with Prejudice and
Memorandum in Support (Doc. 51) is granted. This case is dismissed with prejudice.
This case is closed.
Dated August 28, 2018, at Kansas City, Kansas.

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s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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