Fred M. Valz, III and Jena G. Emory secured the dismissal of a lawsuit that included improper bad faith claims against a UM carrier.  Plaintiff’s counsel originally filed her complaint against a John Doe in state court and brought improper breach of contract and punitive damages claims against the UM carrier for failure to settle.  Valz and Emory requested that Plaintiff withdraw the direct claims against the UM carrier and dismiss the UM carrier as a party in the lawsuit.  Plaintiff withdrew the direct claims against the UM carrier but did not properly dismiss the UM carrier as a defendant.  Valz and Emory removed the case to federal court.  In federal court, Valz and Emory moved to dismiss the UM carrier as a named defendant, which the court granted.  The court then dismissed the entire lawsuit because it was pending against a John Doe only, which is not allowed in federal court.