Sullivan, Dolores et al v. Dolgencorp, LLC

Filing 72

ORDER dismissing case and terminating Centers for Medicare and Medicaid Services as a party. Signed by District Judge James D. Peterson on 12/9/14. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DOLORES A. SULLIVAN,
Plaintiff,

ORDER

and
13-cv-724-jdp
RETIREE/SURVIVOR MEDICARE-ELIGIBLE
MEDICAL BENEFIT PLAN,
Subrogated Plaintiff,
v.
DOLGENCORP, LLC,
incorrectly designated as Dollar General Corporation,
Defendant.

Plaintiff, through counsel, has filed a notice of dismissal, Dkt. 71, of her claims against
The Centers for Medicare and Medicaid Services (CMS). CMS was designated as a party in this
case in the Second Amended Complaint, Dkt. 66, which the court had allowed on the basis of
its understanding that CMS had consented to participate in this case. That understanding was
incorrect. CMS never agreed to participate nor did plaintiff move for joinder under Rule 19, so
there was no justification for adding CMS as a party to this case. The court’s December 5, 2014,
order, Dkt. 69, is therefore VACATED. CMS is no longer a party to this case.
Because the court has been advised by counsel for plaintiff that the above-entitled action
has been settled, this case is hereby dismissed. Any party may move to reopen for good cause
shown.
Entered this 9th day of December, 2014.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge