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Stanley v. CNA Insurance Co.

March 16, 2007

GENE STANLEY PLAINTIFF,
v.
CNA INSURANCE COMPANY, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

ORDER

Before the Court is Plaintiff Gene Stanley's ("Plaintiff") motion for voluntary dismissal or joinder of indispensable parties (Court File No. 14) as well as Plaintiff's motion to correct errors and omissions in his motion for voluntary dismissal or joinder of indispensable parties (Court File No. 13).*fn1 In both motions, Plaintiff requests a voluntary dismissal without prejudice because he has a terminal illness which prevents him from adequately representing himself in this matter. Plaintiff also moves, in the alternative, for (1) an order joining an indispensable party, (2) for an order staying the proceedings to allow substitute counsel to appear, and (3) an order allowing Plaintiff a reasonable time to file a brief in support of his motion (Court File Nos. 13 & 14). The Court DENIES each of these alternative motions in their entirety.

As to Plaintiff's motion for voluntary dismissal, the Court finds there are no counterclaims asserted in this action (Court File No. 4), and Defendant(s)*fn2 have not filed a response nor any objections to Plaintiff's motion. Accordingly, the Court will exercise its discretion pursuant to FED. R. CIV. P. 41(a)(2) and hereby DISMISSES this action WITHOUT PREJUDICE. The Clerk is directed to CLOSE the case.

SO ORDERED.

CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A ...


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