govinfo:USCOURTS-insd-3_25-cv-00042-1

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF INDIANA 
EV ANSVILLE 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 V oya 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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