ESTATE OF KEVIN LATHAM v. ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) LIFE INSURANCE PLAN OF TOYOTA BOSHOKU AMERICA, INC., et al.

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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
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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).
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