State Farm Mutual Automobile Insurance Company v. Cottrell
Filing
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AMENDED MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS: It is ORDERED that Plaintiff's 10 Motion to Dismiss is granted; Plaintiff's 9 Motion for Summary Judgment is denied as moot; Plaintiff's 1 Complai nt is dismissed with prejudice; Plaintiff's 13 Motion Requesting Factual Correction is denied as moot; and the Clerk is directed to remove this case from its active docket and enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/8/14. (cnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Plaintiff,
v.
//
CIVIL ACTION NO. 1:13CV205
(Judge Keeley)
MICHAEL S. COTTRELL,
Defendant.
AMENDED1 MEMORANDUM OPINION AND ORDER GRANTING
PLAINTIFF’S MOTION TO DISMISS [DKT. NO. 10]
Pending before the Court is the plaintiff’s, State Farm Mutual
Automobile Insurance Company (“State Farm”), unopposed motion to
dismiss pursuant to Rule 41(a)(2) of the Federal Rules of Civil
Procedure. (Dkt. No. 10). For the reasons that follow, the Court
GRANTS State Farm’s motion.
I. FACTUAL AND PROCEDURAL BACKGROUND
This case arises from
December 11, 2011.
an ATV accident that occurred on
On that day, Kenneth Neel (“Neel”) drove the
ATV he was operating off a public county road and onto the
defendant’s, Michael S. Cottrell (“Cottrell”), property.
Neel
proceeded to hit Cottrell with his ATV, causing severe injuries to
Cottrell.
On March 27, 2013, Cottrell sued Neel in the Circuit Court of
Marion County, West Virginia, seeking damages for the injuries he
1
The purpose of this amended order is to clarify that the
state court granted summary judgment in favor of Cottrell.
STATE FARM v. MICHAEL S. COTTRELL
1:13CV205
AMENDED MEMORANDUM OPINION AND ORDER GRANTING
PLAINTIFF’S MOTION TO DISMISS [DKT. NO. 10]
suffered as a result of the accident.
State Farm, Cottrell’s
automobile insurance provider, subsequently filed an answer to
Cottrell’s complaint pursuant to West Virginia Code § 33-6-31,
indicating that Cottrell’s uninsured motorist coverage does not
include protection for accidents caused by off road vehicles.
State Farm subsequently filed this declaratory judgment action
on September 12, 2013, seeking a declaration that it is not
obligated to provide any insurance coverage for the claims asserted
by Cottrell in his pending state court action. (Dkt. No. 1). After
the instant action was initiated, however, the Circuit Court of
Marion County granted Cottrell’s motion for summary judgment, which
resolved the entire controversy between State Farm and Cottrell.
State Farm therefore filed the pending motion to dismiss on August
14, 2013, arguing that the state court’s decision renders this case
moot.
II.
STANDARD OF REVIEW
Rule 41(a)(2) of the Federal Rules of Civil Procedure allows
a plaintiff, with the Court’s permission and subject to the terms
the Court deems proper, to dismiss an action without prejudice at
any time.
The purpose of this rule is “freely to allow voluntary
dismissals unless the parties will be unfairly prejudiced.” Davis
2
STATE FARM v. MICHAEL S. COTTRELL
1:13CV205
AMENDED MEMORANDUM OPINION AND ORDER GRANTING
PLAINTIFF’S MOTION TO DISMISS [DKT. NO. 10]
v. USX Corp., 819 F.2d 1270, 1273 (4th Cir. 1987). District courts
have discretion to decide whether a motion for voluntary dismissal
should be granted.
Id.
In deciding such a motion, the district
court must “focus primarily on protecting the interests of the
defendants” and preventing the defendants from suffering from plain
legal prejudice.
Id.
III. DISCUSSION
The state court’s order granting State Farm’s motion for
summary judgment resolved the entire controversy between State Farm
and Cottrell. Cottrell therefore has no potential claims for
reimbursement against State Farm, and this case is now moot. Thus,
the Court finds that dismissing this case would not burden or
prejudice Cottrell in any way.
IV. CONCLUSION
For the reasons discussed, the Court:
1) GRANTS State Farm’s motion to dismiss (dkt. no. 10);
2) DENIES AS MOOT State Farm’s motion for summary judgment
(dkt. no. 9);
3) DISMISSES WITH PREJUDICE State Farm’s complaint (dkt. no.
1);
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STATE FARM v. MICHAEL S. COTTRELL
1:13CV205
AMENDED MEMORANDUM OPINION AND ORDER GRANTING
PLAINTIFF’S MOTION TO DISMISS [DKT. NO. 10]
4) DENIES AS MOOT State Farm’s motion requesting factual
correction (dkt. no. 13); and
4) DIRECTS the Clerk to remove this case from its active
docket.
It is SO ORDERED.
Pursuant to Fed. R. Civ. P. 58, the Court DIRECTS the Clerk of
the Court to enter a separate judgment order and to transmit copies
of both Orders to counsel of record.
DATED: August 8, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
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