Mitchell v. National American Insurance Company et al

Case Summary: 13-cv-00450

Plaintiff Jerry Mitchell was injured in an automobile accident with a tractor trailer. In a separate proceeding in the Southern District of Iowa between Plaintiff and Tim’s Trucking, LLC, the parties agreed to a consent judgment that was entered against Tim’s Trucking for $963,000. As part of the consent agreement, Plaintiff agreed to enforce the judgment against Defendant National American Insurance Company, which provided insurance to Tim’s Trucking.

Plaintiff brought this action for declaratory relief against Defendant as a result of the consent judgment in the underlying litigation. Defendant filed a Motion to Dismiss, and this video shows the court’s consideration of that motion. Following the hearing, Plaintiff filed a notice of voluntary dismissal without prejudice, which allowed Plaintiff to file a new complaint and create a new action for declaratory judgment. Plaintiff filed its new complaint on May 8, 2014 in the Southern District of Iowa.

Case Highlights

• Complaint filed 10/22/2013 (Doc #1)
• Motion to Dismiss filed by Defendant 11/27/2013 (Doc #11)
• Hearing held on motion to dismiss 4/10/2014 (Doc #24)
• Voluntary dismissal without prejudice filed by Plaintiff 4/10/2014 (Doc #25)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.