Missionary Benedictine Sisters, Inc. v. Hoffman, LLC

Filing 214

ORDER: After conferring with counsel,1) The trial and pretrial conference are cancelled.2) On or before August 25, 2015, the parties shall file a status report which advises the court on the parties progress in finalizing an arbitration agreement and whether, in light of that finalized agreement, this case should be dismissed or stayed.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)(courtesy copy of order mailed and emailed to Thomas J. Culhane)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MISSIONARY BENEDICTINE SISTERS,
INC.,
4:11CV3180
Plaintiff,
v.

ORDER

HOFFMAN, LLC,
Defendant and
Third-Party Plaintiff,
v.
LONNIE ROBINSON d/b/a R&R
Mechanical Insulation,
Third-Party Defendants.
______
VOLKMAN PLUMBING & HEATING,
INC.,
Third-Party Plaintiff,
v.
LONNIE ROBINSON d/b/a R&R
MECHANICAL INSULATION,
Third-Party Defendant.
This case is scheduled for trial before Judge Richard G. Kopf commencing on July
27, 2015. One impediment to settlement is the unresolved issue of whether Third Party
Defendant Lonnie Robinson d/b/a R&R Mechanical Insulation has insurance coverage
for the claims alleged by Third Party Plaintiffs Hoffman, LLC, Volkman Plumbing &
Heating, Inc., and AMCO Insurance Company.1
pending before this court.

1

All other claims were previously settled.

The insurance coverage issue is not

During a conference call held today with counsel for the Third Party Defendant
and the Third Party Plaintiffs, counsel stated their clients, along with the potential insurer,
have agreed to submit all or at least a portion of their claims to binding arbitration. The
precise scope and details of the arbitration agreement have not been committed to
writing. But the court is convinced that the parties’ intent to pursue arbitration of the
insurance coverage issue along with the above-captioned case will either result in a final
determination through the arbitration itself, or will so limit the issues in dispute that the
parties can then fully resolve this case without a trial.
Accordingly,
IT IS ORDERED:
1)

The trial and pretrial conference are cancelled.

2)

On or before August 25, 2015, the parties shall file a status report which
advises the court on the parties’ progress in finalizing an arbitration
agreement and whether, in light of that finalized agreement, this case
should be dismissed or stayed.

3)

The clerk shall mail and email a courtesy copy of this order to counsel
Thomas J. Culhane, Erickson, Sederstrom Law Firm–Omaha, 10330
Regency Parkway Drive, Suite 100 Omaha, NE 68114,
[e-mail].

July 21, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

2