Stubbendeck v. Oliver et al

Filing 10

MEMORANDUM AND ORDER - The plaintiffs' complaint has been pending but idle in this forum for nearly six months, and the case needs to be either dismissed or progressed to trial. Accordingly, It is respectfully requested that the County Court of Otoe County, Nebraska promptly conduct a hearing to determine if the parties' settlement agreement should be approved. Once a hearing is set, plaintiffs' counsel shall file in this forum a copy of any order setting the hearing, or a stateme nt advising this court of the scheduled county court hearing date and time. If the settlement is approved by the county court, within thirty days thereafter, the plaintiffs shall file a notice of dismissal with prejudice with the clerk of this court, and shall email a proposed order for dismissal with prejudice to [e-mail]. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(JAB)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M E R W Y N ELOISE STUBBENDECK, In d iv id u a lly and as Special A s m in is tra trix of the estate of Edgar S tu b b e n d e c k , deceased, Plaintiff, v. D A V ID CLAYTON OLIVER, and L IN C O L N GENERAL INSURANCE, C o m p a n y , a Pennsylvania Corporation, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4 :0 9 C V 3 1 5 4

M E M O R A N D U M AND ORDER

T h is case was filed on July 17, 2009, and the defendants were served shortly th e re a fte r. As of early October 2009, no answer had been filed, and the plaintiffs had not m o v e d for default. The court contacted plaintiffs' counsel and was told the case was settled. C o u n s e l for the defendants, Stephanie F. Stacy, confirmed the parties had entered into a se ttle m e n t agreement in this wrongful death case subject to county court approval. W h e n dismissal documents were not on file by November 9, 2009, the court again in q u ire d as to the status of this case. The parties' counsel stated the case was settled, subject to the approval of the wrongful death settlement by the County Court of Otoe County, N e b ra s k a , but no hearing had been held. Upon further inquiry, this court was advised on January 6, 2010 that a hearing had n e ith e r been held nor set to determine if the parties' settlement agreement will be approved b y the Otoe County Court. The plaintiffs' complaint has been pending but idle in this forum fo r nearly six months, and the case needs to be either dismissed or progressed to trial. Accordingly,

1)

It is respectfully requested that the County Court of Otoe County, N e b r a s k a promptly conduct a hearing to determine if the parties' s e ttle m e n t agreement should be approved. O n c e a hearing is set, plaintiffs' counsel shall file in this forum a copy o f any order setting the hearing, or a statement advising this court of the s c h e d u le d county court hearing date and time. P la in tiffs ' counsel shall promptly file a copy of any order entered by th e County Court of Otoe County, Nebraska regarding approval of the p a rtie s' settlement agreement. If the settlement is approved by the c o u n ty court, within thirty days thereafter, the plaintiffs shall file a n o tice of dismissal with prejudice with the clerk of this court, and shall e m a il a proposed order for dismissal with prejudice to u r b o m @ n e d .u s c o u r t s .g o v . A lth o u g h the defendants have not filed an answer or entered an a p p e a ra n c e , as to all documents filed or submitted to this court in a c co rd a n c e with this order, plaintiffs' counsel shall file a certificate of s e rv ic e stating the documents have been served on Stephanie F. Stacy, a s counsel for the defendants. T h e Clerk shall mail a copy of this memorandum and order to the fo llo w in g : K a ri R. Kuehn, Clerk Magistrate County Court of Otoe County, Nebraska 1 0 2 1 Central Avenue P .O . Box 487 N e b ra sk a City, NE 68410 and S te p h a n ie F. Stacy BAYLOR, EVNEN LAW FIRM Wells Fargo Center 1248 O Street, Suite 600 L in c o ln , NE 68508 January 8, 2010. B Y THE COURT:

2)

3)

4)

3)

R ich a rd G. Kopf
U n ite d States District Judge -2-