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)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION MARY SUSAN BELL VERSUS W. SIMMONS SANDOZ, Bankruptcy Trustee on behalf of Bell Family Trust, JEFFREY ACKERMANN, on behalf of Bell Fain ily Trust DURIO, MCGOFFIN, STAGG & ACKERMANN LAW FIRM, on behalf of Bell Fain ily Trust GLEN MARCANTEL, on behalf of Bell Fain ily Trust MARCANTEL LAW FIRM, on behalf of Bell Fam ily Trust XYZ INSURANCE CO., on behalf of Bell Fam ily Trust, Jeffrey A ckerm ann, Durio McGoffin Stagg & Ackermanii Law Firm, Glen Marcantel, Marcantel Law Firm BELL FAMILY TRUST, H. GLENN MARCANTEL, JR. CIVIL ACTION NO. 09-1980 JUDGE DOHERTY MAGISTRATE JUDGE HANNA

ORDER FOLLOWING STATUS CONFERENCE (February 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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PARTY REPRESENTED Mary Sue Bell Jeffrey Ackermann, on beha lf of Bell Family
Trust

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

Durio, McGoffin, Stagg & Ackermann Law Firm,
on behalf ofBell Family Trust

Bell Family Trust H. Glenn Marcantel, Jr.

This matter is related to civil actions 09-1984, Mary Susan Bell v. W. Simmons Sandoz, 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, automatic stay under 11 U.S.C.

§ 362, and applicability of the Barton doctrine1 to the

claims against Durio, McGoffin, Stagg & Ackermann, Jeffrey Ackermann, and H. Glenn Marcantel, Jr. The court recessed to allow the parties and counsel an opportunity to explore resolution without further court action. After discussion, IS ORDERED that plaintiff be given until February 17, 2010, to file a motion for voluntarily dismissal. Any objection to same shall be filed by February 24, 2010. IT IS FURTHER ORDERED that if plaintiff does not file a motion for voluntary

1Barton v. Barber, 104 US 126, 26 L.Ed. 672 (1881). 2

dismissal, a report and recommendation will issue. Lafayette, Louisiana, this
3fl~day

of February, 2010.

thek!. Hanna United States gistrace Judge 800 Lafayette St., Suite 3500 Lafayette, Louisiana 70501 (337) 593~5I4Ophone) 593~5~55 x) ( (fa

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