Amen v. Astrue

Filing 25

ORDER - Counsel for the parties shall confer to determine whether agreement can be reached among them on the wording of a question to be certified to the Nebraska Supreme Court to determine the status of a posthumously conceived child pursuant to Neb raska intestacy laws. The parties shall have until November 4, 2011, to furnish the Court with their joint, or separate, proposals for the question to be certified; and The parties shall also draft a joint statement of undisputed facts regarding the case. The parties shall have until November 4, 2011, to furnish the Court with their statement of undisputed facts to accompany the certified question to the Nebraska Supreme Court. Ordered by Senior Judge Lyle E. Strom. (MKR, )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
MELISSA AMEN, Individually
and on behalf of her minor
child, K.L.A.,

)
)
)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)
______________________________)

4:10CV3216

ORDER

This matter is before the Court on plaintiff’s
suggestion (Filing No. 24, at 2) and defendant’s suggestion
(Filing No. 22, at 21) that the Court certify a question of state
law to the Nebraska Supreme Court.

The Court understands this

question to involve the status of a posthumously conceived child
pursuant to the intestacy laws of the state of Nebraska, Nebraska
Revised Statute § 30-2308, on the one hand, and Nebraska Revised
Statute §§ 30-2303(1), 30-2209(23), and 30-2309(2)(ii) on the
other.

The Court finds the question should be certified.

Accordingly,
IT IS ORDERED:
1)

Counsel for the parties shall confer to determine

whether agreement can be reached among them on the wording of a
question to be certified to the Nebraska Supreme Court to
determine the status of a posthumously conceived child pursuant

to Nebraska intestacy laws.

The parties shall have until

November 4, 2011, to furnish the Court with their joint, or
separate, proposals for the question to be certified; and
2)

The parties shall also draft a joint statement of

undisputed facts regarding the case.

The parties shall have

until November 4, 2011, to furnish the Court with their statement
of undisputed facts to accompany the certified question to the
Nebraska Supreme Court.
DATED this 28th day of October, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

-2-