3:25-cv-00042•ESTATE OF KEVIN LATHAM v. ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) LIFE INSURANCE PLAN OF TOYOTA BOSHOKU AMERICA, INC., et al.
ESTATE OF KEVIN LATHAM v. ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) LIFE INSURANCE PLAN OF TOYOTA BOSHOKU AMERICA, INC., et al.
3:25-cv-00042InsdFeb 13, 2026
Full text
-1- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NEKA WILLIAMS, ) ) Plaintiff, ) ) v. ) No. 3:25-cv-00042-MPB-CSW ) ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) LIFE INSURANCE PLAN OF TOYOTA BOSHOKU AMERICA, INC., ) ) ) ) ) Defendant. ) REPORT & R ECOMMENDATION This matter is before the Court on Plaintiff’s failure to comply with the Court’s Order at (Dkt. 36). For the reasons described herein, the Undersigned RECOMMENDS the Court ORDER this action be dismissed with prejudice. I. B ACKGROUND On February 24, 2025, Plaintiff Neka Williams as Personal Representative of the Estate of Kevin Latham commenced this action against ReliaStar Life Insurance Company (“ReliaStar”) and the Accidental Death and Dismemberment Life Insurance Plan of Toyota Boshoku America, Inc. (“AD&D”). (Dkt. 2). At that time, Plaintiff was represented by counsel, Mr. Terry A. White. (Dkt. 3). On October 31, 2025, following Mr. White’s withdrawal, Plaintiff reported to the Undersigned she was unable to secure new counsel and did not wish to proceed pro se. (Dkts. 28, 32, 33, 34). The Undersigned therefore instructed the parties to discuss this matter further so that a filing seeking an agreed dismissal could follow. (Dkt. 34). On December 1, 2025, the Undersigned, finding no such filing, ordered Plaintiff to file notice of dismissal or notice of her intent to continue to pursue this matter on or before December 15, 2025. (Dkt. 36). The Undersigned noted “Should Case 3:25-cv-00042-MPB-CSW Document 38 Filed 02/13/26 Page 1 of 2 PageID #: <pageID>
-2- Plaintiff fail to comply with this Order, the Undersigned shall recommend that the district court judge dismiss this matter for failure to prosecute.” (Id.). The same day, Defendants filed their Stipulation of Dismissal, but the Stipulation concerned only Defendant ReliaStar. The other Defendant – AD&D – was not included. 1 (Dkt. 35). On December 3, 2025, the Court ordered the relief requested in the Stipulation. However, the case remains open because the AD&D Defendant remains a Defendant. (Dkt. 37). As of the date of this Report & Recommendation, Plaintiff has not filed a notice of dismissal or notice of intent to continue to pursue this matter. II. RECOMMENDATION The Undersigned finds Plaintiff has failed to comply with the Court’s Order at (Dkt. 36) and further finds Plaintiff has failed to prosecute her case and in so doing, demonstrated an intent to altogether abandon the case. The Undersigned therefore RECOMMENDS the Court ORDER this action be dismissed with prejudice. SO RECOMMENDED. Date: February 13, 2026 Distribution: All ECF-registered counsel of record via email NEKA WILLIAMS 6751 W 350 S Owensville, IN 47665 1 The Undersigned notes the Stipulation was submitted by both Defendants and the Proposed Order recommends the language “The above-entitled action is dismissed with prejudice as between Plaintiff and Defendants,” though the Defendants failed to indicate the same in their Stipulation. (Dkts. 35, 35-1). Case 3:25-cv-00042-MPB-CSW Document 38 Filed 02/13/26 Page 2 of 2 PageID #: <pageID>
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