Wade Shows, Inc. v. YRC Worldwide, Inc. et al

Filing 172

ORDER - Pursuant to conference call held today:1) Pursuant to Neb. Rev. Stat. § 48-118.04 (2), a telephonic hearing for determination of the equitable allocation of any judgment or settlement proceeds owed on Perry Martin Ware's persona l injury claim will be held before the undersigned magistrate judge, on the record, on October 22, 2015 at 1:00 p.m. Counsel for all interested parties shall participate in the conference using the call-in information assigned to this case. Se e Text Order 158.2) On or before October 20, 2015, any exhibits the parties intend to offer for the hearing on October 22, 2015, shall be submitted to my chambers by email sent to [e-mail].3) The pending summary judg ment motions, (Filing Nos. 127 , 130 , & 133 ), are denied as moot.4) The motion to file under seal, (Filing No. 166 ), is granted in part. Filing No. 167 shall be filed as a restricted access document.5) The motion to continue, (Filing No. 168 ), is granted. The trial and pretrial conference settings are cancelled, and this case is stayed pending further order of the court.6) If Perry Martin Ware's personal injury claim cannot be resolved by the parties on or before Nove mber 2, 2015, a telephonic conference with the undersigned magistrate judge will be held on November 3, 2015 at 11:00 a.m. to discuss a new progression schedule to trial. Wares counsel shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WADE SHOWS, INC.,
Plaintiff,

4:13CV03124

v.
ORDER
YRC WORLDWIDE, INC., and PERRY
MARTIN WARE,
Defendants/Third-Party
Plaintiffs,
v.
BARBARA BRITO DE LA TORRE, BBT
TRANSPORT, INC., a Florida corporation,
and KEEP GOING SERVICES CORP.,
Third-Party Defendants.
During the conference call held today with counsel for all parties, the court was
notified that:
 The parties participated in mediation on October 14, 2015;


With the exception of Perry Martin Ware’s personal injury claim against
Third-Party Defendants, Barbara Brito De La Torre, BBT Transport, Inc., and
Keep Going Services Corp., (see Filing No. 72), all claims in this lawsuit have
been settled;

 The ability to negotiate and possibly settle Ware’s personal injury claim was
stalled due to issues over the percentage or allocation owed for payment of a
worker’s compensation subrogation interest; and
 Absent a determination on the allocation issue, either by alternative dispute
resolution or by court order, it is unclear whether Ware’s personal injury claim
must be progressed to trial.
Ware’s personal injury arose from an accident that occurred in Nebraska. Under
Nebraska law, if an injured employee, the employer, and the workers’ compensation

insurer “do not agree in writing upon distribution of the proceeds of any judgment or
settlement, the court, upon application, shall order a fair and equitable distribution of
the proceeds of any judgment or settlement.” Neb. Rev. Stat. § 48-118.04 (2).

Accordingly,

IT IS ORDERED:

1)

Pursuant to Neb. Rev. Stat. § 48-118.04 (2), a telephonic hearing for

determination of the equitable allocation of any judgment or settlement proceeds owed on
Perry Martin Ware’s personal injury claim will be held before the undersigned magistrate
judge, on the record, on October 22, 2015 at 1:00 p.m. Counsel for all interested parties
shall participate in the conference using the call-in information assigned to this case. See
Text Order 158.

2)

On or before October 20, 2015, any exhibits the parties intend to offer for

the hearing on October 22, 2015, shall be submitted to my chambers by email sent to
[e-mail].

3)

The pending summary judgment motions, (Filing Nos. 127, 130, &133), are

denied as moot.

4)

The motion to file under seal, (Filing No. 166), is granted in part. Filing

No. 167 shall be filed as a restricted access document.

5)

The motion to continue, (Filing No. 168), is granted. The trial and pretrial

conference settings are cancelled, and this case is stayed pending further order of the
court.

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6)

If Perry Martin Ware’s personal injury claim cannot be resolved by the

parties on or before November 2, 2015, a telephonic conference with the undersigned
magistrate judge will be held on November 3, 2015 at 11:00 a.m. to discuss a new
progression schedule to trial. Ware’s counsel shall place the call.
October 16, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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