Libengood v. Fortis Health Insurance Company et al

Filing 50

MEDIATION REFERENCE ORDER - The defendants' motion (request) for stay pending mediation 49 is granted as set forth below. Case is referred to Robert W. Shively. Objection to this Order shall be submitted within 7 working days. Case is stayed until further Order of the Court. On or before August 10, 2009, plaintiff's counsel shall file a report on the status of the mediation and whether the case has been settled. The Clerk shall bring this file to the attention of the undersigned after 60 days or when notified that the mediation has been completed, whichever first occurs. Ordered by Magistrate Judge Thomas D. Thalken. (copy of notice of removal, amended complaint, answer, and docket sheet e-mailed to mediator). (JAE)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CINDY L. LIBENGOOD, Special Administrator of the Estate of RALPH L. LIBENGOOD, Deceased, Plaintiff, v. FORTIS HEALTH INSURANCE COMPANY, and JOHN ALDEN LIFE INSURANCE COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

8:07CV444 MEDIATION REFERENCE ORDER (PRIVATE MEDIATOR)

This matter is before the court on the defendants' motion (request) for stay pending mediation (Filing No. 49). Upon consideration, IT IS ORDERED: The defendants' motion (request) for stay pending mediation (Filing No. 49) is granted as set forth below. In accordance with the Mediation Plan for the United States District Court - District of Nebraska (Plan), as amended January 30, 2004, regarding court-annexed mediation: IT IS FURTHER ORDERED: 1. Except as may be otherwise agreed by the parties and counsel, this case is stayed for a period of 60 days from the date of this order, to permit the parties to utilize the private mediation services of: Robert W. Shively, Esq, Attorney at Law 4400 South 86th Street Lincoln, Nebraska 68526 Telephone: [phone]

2.

During the period of the stay, unless otherwise agreed, compliance with

deadlines established by the progression order, responses to discovery, and other proceedings shall not be required. In the event the parties agree to proceed without a stay, a statement to that effect shall forthwith be submitted to the undersigned by plaintiff's counsel. 3. On or before August 10, 2009, plaintiff's counsel shall file a report on the status of the mediation and whether the case has been settled. Failure to so notify the court of the completion of the mediation, with or without settlement, may result in the dismissal of this case without further notice pursuant to F.R.Civ.P. 41(b). Information about the substance of the parties' settlement agreement, if any, shall not be provided without their consent. 4. 5. The Clerk shall bring this file to the attention of the undersigned after sixty The Clerk is directed to provide a copy of this order to all counsel of record (60) days or when notified that the mediation has been completed, whichever first occurs. and unrepresented parties, and to the mediator identified above, enclosing with the latter the appropriate documents related to the administration of the Mediation Plan. DATED this 17th day of June, 2009. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge

2