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

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
ESTATE OF KEVIN LATHAM by Neka
Williams, Personal Representative,
)
)
NEKA WILLIAMS, 	)
)
Plaintiffs, 	)
)
v. 	) 	No. 3:25-cv-00042-MPB-CSW
)
ACCIDENTAL DEATH AND
DISMEMBERMENT (AD&D) LIFE
INSURANCE PLAN OF TOYOTA BOSHOKU
AMERICA, INC.,
)
)
)
)
RELIASTAR LIFE INSURANCE COMPANY,
INC. a member of Voya Financial Group, Inc.,
)
)
)
Defendants. 	)
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING
ACTION
Plaintiff Neka Williams, as the personal representative of the Estate of Kevin Latham,
sued Defendants Accidental Death and Dismemberment (AD&D) Life Insurance Plan of Toyota
Boshoku America, Inc. and Reliastar Life Insurance Company, Inc. (Docket No. 2). Plaintiff was
initially represented by counsel, but counsel withdrew. (Docket No. 33). When Plaintiff was
unable to obtain new counsel, she advised the Magistrate Judge that she did not wish to represent
herself. (Docket No. 34). The parties were instructed to discuss that development and file for
dismissal. A stipulation of dismissal followed, but it applied only to Defendant Reliastar. (Docket
Nos. 35; 37). This action remained live between Plaintiff and AD&D.
On February 13, 2026, the Magistrate Judge recommended that this action be dismissed
for failing to comply with a Court Order and for failure to prosecute under Federal Rule of Civil
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Procedure 41(b). (Docket No. 38). Fourteen days have passed since the report and
recommendation was issued, and Plaintiff did not object.
After reviewing the record and the Magistrate Judge's Report and Recommendation, the
Court finds no clear error in the recommendation. See Bell v. Hana Bus. Grp., No. 1:19-cv-1249,
2021 WL 8269513, at *1 (S.D. Ind. Dec. 2, 2021) (adopting report and recommendation for
failure to prosecute and reviewing for clear error) (citation omitted). Thus, the Court ADOPTS
the Magistrate Judge's Report and Recommendation. (Docket No. 38). Plaintiff's Complaint,
(Docket No. 2), is DISMISSED with prejudice. Fed. R. Civ. P. 41(b); Ball v. City of Chicago, 2
F.3d 752, 760 (7th Cir. 1993). Final judgment will issue by separate entry.
IT IS SO ORDERED.
Dated: March 13, 2026
Distribution:
NEKA WILLIAMS
6751 W 350 S
Owensville, IN 47665
Elizabeth G. Doolin
CHITTENDEN MURDAY & NOVOTNY LLC
edoolin@cmn-law.com
Kaitlyn E. Luther
CHITTENDEN MURDAY & NOVOTNY LLC
kluther@cmn-law.com
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