Memorandum Opinion and Order

This is an action for declaratory relief brought by the plaintiff CSX Transportation, Inc. (“CSX”) against the defendant Tim Collins as the administrator and personal representative of the estate of Willie Collins, pursuant to 28 U.S.C. § 2201 and 28 U.S.C. § 1332.  CSX seeks a declaration that the defendant must indemnify it for any costs and expenses it incurs as a result of his decision to file a concurrent Kentucky lawsuit on behalf of the decedent.  Further, CSX seeks a declaration that the State court lawsuit is precluded by a release clause signed by the decedent. Currently pending is the defendant’s Motion to Dismiss. [Doc. 3] For the reasons that follow, the Court GRANTS the motion and DISMISSES this action WITHOUT PREJUDICE.