Bell v. Sandoz et al

Filing 36

ORDER following 35 Status Conference. IT IS ORDERED that plaintiff be given until 2/17/2010 to file a motion for voluntary dismissal. Any objection to same shall be filed by 2/24/2010. IT IS FURTHER ORDERED that if plaintiff does not file a motion for voluntary dismissal, a report and recommendation will issue. Signed by Magistrate Judge Patrick J Hanna on 02/03/10. (crt,Yocum, M)

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA L A F A Y E T T E -O P E L O U S A S DIVISION M A R Y SUSAN BELL VERSUS W . SIMMONS SANDOZ, B a n k r u p tc y Trustee on behalf of B e ll Family Trust, J E F F R E Y ACKERMANN, on behalf of Bell Family Trust D U R IO , MCGOFFIN, STAGG & A C K E R M A N N LAW FIRM, o n behalf of Bell Family Trust G L E N MARCANTEL, o n behalf of Bell Family Trust M A R C A N T E L LAW FIRM, on behalf of Bell Family Trust X Y Z INSURANCE CO., o n behalf of Bell Family Trust, J e ffr e y Ackermann, D u rio McGoffin Stagg & Ackermann L a w Firm, G len Marcantel, M a r c a n te l Law Firm B E L L FAMILY TRUST, H . GLENN MARCANTEL, JR. C I V I L ACTION NO. 09-1980 J U D G E DOHERTY M A G I S T R A T E JUDGE HANNA

O R D E R FOLLOWING STATUS CONFERENCE (F e b ru a ry 2, 2010) A status conference was held on February 2, 2010, beginning at 2:00 and ending at 3:30 p.m. Present at the conference were the following:

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P A R T Y REPRESENTED
Mary Sue Bell Jeffrey Ackermann, on behalf of Bell Family Trust Durio, McGoffin, Stagg & Ackermann Law Firm, on behalf of Bell Family Trust Bell Family Trust H. Glenn Marcantel, Jr.

COUNSEL
Mary Sue Bell Jeffrey Ackermann Jeffrey Ackermann Jeffrey Ackermann Herschel Glenn Marcantel, Jr.

This matter is related to civil actions 09-1984, Mary Susan Bell v. W. Simmons S a n d o z , et al, and 09-1985, Mary Susan Bell v. W. Simmons Sandoz, et al. At the conference, the court raised the issues of subject matter jurisdiction, a u to m a tic stay under 11 U.S.C. § 362, and applicability of the Barton doctrine 1 to the c la im s against Durio, McGoffin, Stagg & Ackermann, Jeffrey Ackermann, and H. Glenn M a rc a n tel, Jr. The court recessed to allow the parties and counsel an opportunity to e x p lo re resolution without further court action. A f te r discussion, I S ORDERED that plaintiff be given until February 17, 2010, to file a motion for v o lu n ta rily dismissal. Any objection to same shall be filed by February 24, 2010. I T IS FURTHER ORDERED that if plaintiff does not file a motion for voluntary

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Barton v. Barber, 104 US 126, 26 L.Ed. 672 (1881). 2

d is m is s a l, a report and recommendation will issue. L a f aye tte , Louisiana, this 3 r d day of February, 2010.

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