THE LINCOLN NATIONAL LIFE INSURANCE COMPANY v. FRY, et al.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
THE LINCOLN NATIONAL LIFE INSURANCE
COMPANY,
)
)
)
Plaintiff, 	)
)
v. 	) 	No. 1:24-cv-01097-JRS-MJD
)
MARILOU FRY, et al., 	)
)
Defendants. 	)
REPORT AND RECOMMENDATION
By Order dated November 7, 2025, the Undersigned set an in-person hearing in this case
for November 20, 2025. [Dkt. 38.] The order setting the hearing required the parties to appear
in person for the conference. Cross-Defendant Samantha R. Kuchler, who is proceeding pro se
in this matter, failed to appear as ordered.
The Undersigned then issued an Order to Show Cause that ordered Cross-Defendant
Samantha R. Kuchler to appear, in person, on December 23, 2025, to show cause why she should
not be sanctioned for her failure to comply with the order to appear at the November 20, 2025,
hearing [Dkt. 40.] That Order further provided: "Samantha R. Kuchler is hereby advised
that, if she again fails to appear for the show cause hearing, the Court will recommend the
dismissal of this case for her repeated failure to comply with the Court's orders." Id.
(emphasis in original). Ms. Kuchler again did not appear.
Given Ms. Kuchler's failure to comply with two orders to appear, the Undersigned
believes that, pursuant to Federal Rule of Civil Procedure 41(b), dismissal of Ms. Kuchler's
cross-claim and entry of judgment in favor of Cross-Claimaint Marilou Fry is appropriate.
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Accordingly, the Undersigned RECOMMENDS that Ms. Kuchler's cross-claim be dismissed,
with prejudice, and that judgment be entered in favor of Cross-Claimaint Marilou Fry.
Any objections to the Magistrate Judge's Report and Recommendation shall be filed with
the Clerk in accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), and failure to
timely file objections within fourteen days after service shall constitute a waiver of subsequent
review absent a showing of good cause for such failure.
SO ORDERED.
Dated: 29 DEC 2025
Distribution:
All ECF-registered counsel of record via email
Samantha R. Kuchler
1050 North Sheffield Ave.
Indianapolis, IN 46222
sammykuchler@yahoo.com
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