Western Contracting Corp. v. Bowen

Filing 9

STIPULATION AND ORDER - Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
WESTERN CONTRACTING CORP.,
Plaintiff,
v.
COLLEEN BOWEN,
Defendant.

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Case No. 4:12-cv-3049-JMG-CRZ

STIPULATION AND ORDER
The parties hereby stipulate as follows:
1.

Creighton University Medical Center (“CUMC”) is in possession of blood

and urine samples that it obtained from Colleen Bowen on or about December 8 and 9,
2011 (hereinafter “the blood and urine samples”).
2.

Plaintiff and defendant each desire to have the blood and urine samples

3.

Within five (5) business days of this Stipulation and Order, Colleen Bowen

tested.

shall authorize and request CUMC to release the blood and urine samples as follows:
(a)

If the amount of the blood and urine samples is sufficient to allow
each party to have the blood and urine samples tested by a
toxicology laboratory of its choosing, CUMC will release split
samples directly to the toxicology laboratories designated by the
respective parties. Each party will be responsible for the costs it

incurs in obtaining and testing its half of the blood and urine
samples.
(b)

If there is not a sufficient amount of the blood and urine samples to
allow each party to have blood and urine samples tested by separate
toxicology laboratories, then the parties shall agree on one
toxicology laboratory. That toxicology laboratory will use the most
accurate methodology available to it to test the blood and urine
samples. The parties agree that the toxicology laboratory that is
used must have the ability to perform a gas chromatography mass
spectroscopy test. If the parties cannot agree on a toxicology
laboratory, the Court shall select one. Each party will pay one-half
of the cost of obtaining and testing the blood and urine samples.

4.

Within five (5) business days of the delivery of the blood and urine samples

to the toxicology laboratory, Western Contracting will dismiss its declaratory judgment
action (Case No. 4:12-cv-3049) without prejudice.

/s Theodore H. Lucas
Theodore H. Lucas, #38740MO
FOX GALVIN, LLC
One South Memorial Drive, 12th Floor
St. Louis, Missouri 63102
[phone]
[phone] (Fax)
[e-mail]

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Christopher M. Ferdico
BAYLOR EVNEN
Wells Fargo Center
1248 "O" Street, Suite 600
Lincoln, NE 68508
[phone]
[phone] (Fax)
[e-mail]
Attorneys for Western Contracting Corp.

/D. Bruce Beaton (w/consent)
D. Bruce Beaton
137 S. Water Street
Marine City, MI 48039-1692
[phone]
[phone] (Fax)
[e-mail]
Attorney for Colleen Bowen

DATE: April 5, 2012

SO ORDERED:

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