Mendenhall v. Bankers Life and Casualty Company et al

Filing 47

ORDER re: 45 MOTION to Dismiss and Status Report filed by CNO Financial Group, Inc, Bankers Life and Casualty Company; The Plaintiff shall file his own status report on or before May 11, 2012 complying with the courts order directing the p arties to set forth their proposals for continuation of this civil case and further proposed scheduling of responsive pleadings and discover"; Status Report due by 5/11/2012; Status Conference set for 5/15/2012 10:30 AM before Magistrate Judge Kathleen M. Tafoya; Plaintiff, or his case manager, shall arrange for his participation via telephone and shall call [phone] at the scheduled time, by Magistrate Judge Kathleen M. Tafoya on 4/27/2012. (ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–01203–WJM–KMT

MICHAEL L. MENDENHALL, an individual,
Plaintiff,
v.
BANKERS LIFE AND CASUALTY COMPANY, an Illinois corporation, and
CNO FINANCIAL GROUP, INC. (f/k/a Conseco Inc.), a Delaware corporation,
Defendants.
BANKERS LIFE AND CASUALTY COMPANY, an Illinois Corporation,
Counterclaim-Plaintiff,
v.
MICHAEL L. MENDENHALL, an individual,
Counterclaim-Defendant.

ORDER

This matter is before the court on Defendants’ “Status Report and Motion to Dismiss
Without Prejudice” [Doc. No. 45] filed April 26, 2012.
Defendants have advised the court that “[a]ccording to media reports, Mendenhall was
sentenced on April 20, 2012, to 30 years in prison and was ordered to pay $1.4 million in
restitution.” (Mot. at ¶ 4.) Given the breadth of the sentence Defendants have proposed that the

case should be resolved by “by a dismissal of all claims and counterclaims in this action, without
prejudice.” (Mot. at ¶ 9, emphasis added.) The court considers this to be an offer of settlement
and not a properly filed and supported motion to dismiss.
Therefore, to the extent the Defendants’ status report seeks dismissal of any claims, that
portion of the report is hereby STRICKEN and the report will not be shown as a pending motion
on the court’s docket.
Further, it is ORDERED
The Plaintiff shall file his own status report on or before May 11, 2012 complying with
the court’s order directing the parties to set “forth their proposals for continuation of this civil
case and further proposed scheduling of responsive pleadings and discovery.” The Plaintiff may
also respond to the Defendants’ proposed settlement offer to the extent he wishes to do so. The
parties are reminded that the discovery period is continuing and deadlines are currently set.
It is further ORDERED
A Status Hearing will be held on May 15, 2012 at 10:30 a.m. Plaintiff, or his case
manager, shall arrange for his participation via telephone and shall call [phone] at the
scheduled time.
Dated this 27th day of April, 2012.

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