Woodmen of the World Life Insurance Society v. Lowery

Filing 13

ORDER OF DISMISSAL - Plaintiff Woodmen of the World Life Insurance Society's Motion to Dismiss (Filing No. 11 ) is granted. The Application to Confirm Arbitration Award (Filing No. 1 ) is dismissed without prejudice. The Court will not assess costs or attorney's fees. Ordered by Chief Judge Laurie Smith Camp. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WOODMEN OF THE WORLD LIFE
INSURANCE SOCIETY,
8:16CV73
Plaintiff,
vs.

ORDER OF DISMISSAL

DAVID A. LOWERY,
Defendant.

This matter is before the Court on the Motion to Dismiss (Filing No. 11) filed by
Plaintiff Woodmen of the World Life Insurance Society. Plaintiff filed an Application to
Confirm Arbitration Award (Filing No. 1) on February 11, 2016. On April 20, 2016, this
Court entered an Order to Show Cause requesting Plaintiff to show why the action
should not be dismissed for lack of subject matter jurisdiction. (Filing No. 10.) In
compliance with the Court’s Show Cause Order, Plaintiff filed a Motion to Dismiss (Filing
No. 11) and a Response (Filing No. 12). Plaintiff states that it agrees that the Court
lacks subject matter jurisdiction and seeks to dismiss its Application to Confirm
Arbitration Award without prejudice. Under Federal Rule of Civil Procedure 41(a)(2), the
Court finds that the Motion to Dismiss should be granted, and the above-captioned
action should be dismissed without prejudice.

The Court will not assess costs or

attorney’s fees. Accordingly,
IT IS ORDERED:
1.

Plaintiff Woodmen of the World Life Insurance Society’s Motion to Dismiss
(Filing No. 11) is granted;

2.

The Application to Confirm Arbitration Award (Filing No. 1) is dismissed
without prejudice; and

3.

The Court will not assess costs or attorney’s fees.

Dated this 9th day of May, 2016.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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