Progressive Universal Insurance Company v. L.P. et al

Filing 31

ORDER - IT IS ORDERED: Plaintiff's Motion to Reconsider Appointment of Bradley A. Boyum and to Appoint Rhonda R. Flower as Guardian Ad Litem (filing 25 ) is denied as moot. Mr. Boyum's obligation to provide a status report in response t o Progressive's motion to reconsider is deemed satisfied. The Clerk of Court is directed to terminate the status report and case management deadlines related to the motion to reconsider (filing 25 ). Ordered by Magistrate Judge F.A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PROGRESSIVE UNIVERSAL
INSURANCE COMPANY,
Plaintiff,
V.
L. P., a minor, ARMANDO
PORTILLO, individually, NORMA
PORTILLO, individually, VALLEY
AMBULANCE SERVICES, INC.,
REGIONAL WEST MEDICAL
CENTER, REGIONAL WEST
PHYSICIANS CLINIC, NEBRASKA
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, MED-TRANS
CORPORATION, UNIVERSITY
PHYSICIANS INC., CHILDREN’S
HOSPITAL COLORADO, and
KIMBALL COUNTY HOSPITAL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

4:13CV3032

ORDER

On March 18, 2013, Plaintiff Progressive Universal Insurance Co. (“Progressive”)
moved this Court to reconsider the appointment of Bradley Boyum as L.P.’s guardian ad
litem. (Filing 25.) That same day, this Court entered an order directing Progressive to
deposit with the Clerk of Court the $25,000 of insurance proceeds relating to the automobile
insurance policy referenced in the Complaint for Interpleader. (Filing 24.) The order stated
that Progressive would be dismissed from the action once it filed a notice with the Court
indicating that the funds had been deposited. (Id.)
On April 30, 2013, this Court issued an order approving Progressive’s Application for
Attorneys’ Fees and Costs. (Filing 30.) The order noted that although Progressive had
deposited $25,000 with the Court as previously ordered, it had not filed a formal notice
indicating that it had deposited the funds and requesting that it be dismissed from the action.

(Id.) The Court further noted that the instant motion was pending before the Court. (Id.)
Therefore, at this time, the Court has not formally dismissed Progressive from the suit.
However, given the imminent dismissal of Progressive from this action, Progressive’s motion
to reconsider will now be denied as moot.
IT IS ORDERED:
1.

Plaintiff’s Motion to Reconsider Appointment of Bradley A. Boyum and to
Appoint Rhonda R. Flower as Guardian Ad Litem (filing 25) is denied as
moot.

2.

Mr. Boyum’s obligation to provide a status report in response to Progressive’s
motion to reconsider is deemed satisfied.

3.

The Clerk of Court is directed to terminate the status report and case
management deadlines related to the motion to reconsider (filing 25).

DATED May 3, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

2