Coleman et al v. Speedway LLC et al

Filing 21

ORDER signed by Judge J.P. Stadtmueller on 8/10/2018: GRANTING 18 Involuntary Plaintiff Wisconsin Department of Health Services' Motion to Dismiss and DISMISSING Wisconsin Department of Health Services from this action with prejudice. (cc: all counsel, via mail to Eric Coleman)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ERIC COLEMAN,
Plaintiff,

Case No. 18-CV-636-JPS

v.
COMPCARE HEALTH SERVICES
INSURANCE CORPORATION,
WISCONSIN DEPARTMENT OF
HEALTH SERVICES, MOLINA
HEALTHCARE OF WISCONSIN
INC., and HOME DEPOT WELFARE
BENEFITS PLAN,

v.

Involuntary Plaintiffs,

ORDER

SPEEDWAY LLC and ABC
INSURANCE COMPANY,
Defendants.
On July 18, 2018, involuntary plaintiff Wisconsin Department of
Health Services (“WDHS”) filed a motion to voluntarily dismiss its claim in
this action with prejudice and without costs. (Docket #18). WDHS was
named in this lawsuit because it has a subrogated interest for payment of
medical expenses of the plaintiff, Eric Coleman. Id. at 1. WDHS explains
that it has determined the medical expenses it paid are below its established
threshold to pursue recovery, and therefore it requests an order dismissing
it from this action. Id. WDHS agrees to release and discharge its subrogation
lien resulting from a claim under Wisconsin Statutes section 49.89(2). Id.

In light of the foregoing, and without objection from any other party,
the Court will grant WDHS’ motion to dismiss. See Fed. R. Civ. P. 41(a)(2).
Accordingly,
IT IS ORDERED that involuntary plaintiff Wisconsin Department
of Health Services’ motion to dismiss (Docket #18) be and the same is
hereby GRANTED; Wisconsin Department of Health Services be and the
same is hereby DISMISSED from this action with prejudice.
Dated at Milwaukee, Wisconsin, this 10th day of August, 2018.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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