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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA NATIONWIDE PROPERTY & CASUALTY INSURANCE CO., Plaintiff, v. MONICA L. HUNTER as Executrix of the ESTATE OF TINA FLUHARTY, deceased, NATHAN FLUHARTY, Executor of the ESTATE OF JAMES FLUHARTY, deceased, NATHAN FLUHARTY, individually, WILLIAM BERNARDINI, JUDY BERNARDINI, JOE SECKMAN, JOANN SECKMAN, BLAINE HENDERSON and JOHN DOES, children of JAMES FLUHARTY and/or siblings and children of TINA FLUHARTY, Defendants. MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AND DENYING AS MOOT DEFENDANTS' MOTION FOR RECONSIDERATION I. Procedural History Civil Action No. 5:07CV137 (STAMP)

On September 26, 2008, this Court dismissed the plaintiff's complaint without prejudice for failure to establish diversity of citizenship. Thereafter, the plaintiff filed a motion for

reconsideration, to which the defendants filed a response.

While

that motion was pending, the plaintiff filed a motion for voluntary dismissal of this action in which the plaintiff informs this Court that the parties have reached a settlement. The plaintiff

specifically requests that dismissal be without prejudice so that

it can protect its interests in the event of non-compliance with the terms of the settlement or if other claims are brought. The

defendants did not file any response. For the reasons that follow, the motion for voluntary dismissal without prejudice will be granted, and the motion for reconsideration will be denied as moot. II. Facts The plaintiff, Nationwide Property and Casualty Insurance Company ("Nationwide"), brought a declaratory judgment action against various defendants pursuant to 28 U.S.C.

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