Lundgren v. Empire Indemnity Insurance Company, No. 3:2010cv00351 - Document 98 (S.D. Tex. 2012)

Court Description: OPINION AND ORDER granting 87 Motion to Dismiss All Claims of Fred Lundgren and all claims asserted by Fred Lundgren, in his own behalf, against Empire are DISMISSED, with prejudice. It is further ORDERED that this Courts prior unopposed approval to allow Fred Lundgren to act as pro se counsel is REVOKED and he WILL NOT be allowed to continue to act in that capacity in this litigation.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION LINDA LUNDGREN and FRED LUNDGREN V. EMPIRE INDEMNITY INSURANCE COMPANY, ET AL. § § § § § § § CIVIL ACTION NO. G-10-351 OPINION AND ORDER Because Fred Lundgren is neither a named insured nor an additional insured under the Empire policy and because the policy contains a non-assignment clause which Empire refuses to waive, Fred Lundgren has no standing to pursue any claims against Empire. Conoco, Inc. v. Republic Insurance Co., 819 F.2d 120, 124 (5th Cir. 1987) Consequently, Fred Lundgren cannot appear in this case pro se. Further, since Fred Lundgren is not licensed to practice law, this Court could not permit him to represent Linda Lundgren in this case even if it believed that Empire has untimely and maliciously raised the issue. It is, therefore, ORDERED that the Motion to Dismiss all Claims of Fred Lundgren (Instrument no. 87) of Defendant, Empire Indemnity Insurance Company, is GRANTED and all claims asserted by Fred Lundgren, in his own behalf, against Empire are DISMISSED, with prejudice. It is further ORDERED that this Court s prior unopposed approval to allow Fred Lundgren to act as pro se counsel is REVOKED and he WILL NOT be allowed to continue to act in that capacity in this litigation. DONE at Galveston, Texas, this 6th day of August, 2012.

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