Wilson et al v. Fletcher et al

Filing 78

ORDER regarding scheduled hearing.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) (Additional attachment(s) added on 2/13/2014: # 1 February 4 letter) (Zwart, Cheryl).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD B. WILSON, GRACY
SEDLAK,
4:12CV3061
Plaintiffs,
vs.

MEMORANDUM AND ORDER

JOSEPH FLETCHER, ORA THOMAS
FLETCHER,
Defendants.
A hearing for further or final resolution of this case has been set at a time
convenient to the parties. As reflected in the court’s correspondence sent on February 4,
2014, (see attached), the hearing will be held to fully and finally settle this case based on
the parties’ compromise as to the remaining issues, or in the absence of a settlement,
based on the evidence offered at the hearing.

Accordingly,

IT IS ORDERED:

1)

A hearing will be held at 2:00 p.m. on February 19, 2014 before the

undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal
Building, 100 Centennial Mall North, Lincoln, Nebraska. Since there is no guarantee the
case will settle, the parties must be prepared to present evidence on the following
remaining factual issues:

a)

Whether all money distributed to Skincare of Lafayette by Joseph Fletcher
from Wilson’s funds was distributed in accordance with the directions
received from Wilson and with Wilson’s consent, or with the authorization
provided by Sedlak as Wilson’s Power of Attorney. The plaintiffs allege
the $9000 sent to Skincare by Lafayette on August 3, 2011, and the $400

wired to James Anderson while he was in LasVegas, were not authorized
by Wilson, or by Sedlak on Wilson’s behalf.
b)

Whether Harold Wilson owes money to Joseph Fletcher for Joseph
Fletcher’s time and work in handling Wilson’s money and accounts.
Joseph Fletcher states:
Harold owes me for doing all the work that I had done for
him. If he would have had to hire a lawyer to handle these
issues for him, it could have cost him up to 250.00 an hour. I
figure that I have invested at least 100 hours of my time to do
this for him. I feel that I should be compensated for those
hours that I would have otherwise been doing something with
my immediate family. I don't know what a fair compensation
rate should be for my time and effort, however I don't feel it
should be free.
Filing No. 76.

c)

Whether the plaintiffs are entitled to recover filing fees totaling $700 plus
copy and mailing costs totaling $32.10.

2)

For the hearing, Harold Wilson will appear telephonically; the defendants

intend to appear telephonically, but may appear in person in they wish; and Gracy Sedlak
will appear personally in the courtroom. Unless the court is otherwise advised prior to
the hearing, the court will use the telephone numbers previously provided by the
defendants to contact the defendants for participation in the hearing.

3)

Within 24 hours prior to the hearing, the parties shall advise the court, by

specific description, of any exhibits they intend to offer at the hearing, and shall provide
an explanation of how that exhibit is relevant to any issue remaining in this case. The
parties will not be allowed to offer an exhibit at the hearing unless that exhibit was timely
identified to the court as required under this order.

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4)

Along with this order, the clerk shall mail filings 72, 73, 74, 75, and 76 to

each of the parties.
February 13, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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