Kumm et al v. Phoenix Life Insurance et al

Filing 130

ORDER on or before 5/7/2010 the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Bataillon a draft order which will fully dispose of the case; the final pretrial co nference scheduled for 5/13/2010 is cancelled; the trial scheduled for the week of 6/14/2010 is cancelled; all currently pending motions are hereby denied as moot; absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice as ordered by Magistrate Judge Thomas D. Thalken. (SED)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JANICE KUMM and DEANN KUMM, ) Individually and as Co-Personal ) Representatives of the Estate of Gaylord) Kumm; BEN KUMM; GLEN R. KUMM; ) and STARR KUMM n/k/a STARR ) WALLACE ) ) Plaintiffs, ) ) vs. ) ) PHOENIX LIFE INSURANCE COMPANY, ) and PHL VARIABLE INSURANCE ) COMPANY, ) ) Defendants. )

8:8CV368 ORDER

Upon notice of settlement given to the magistrate judge during a telephone status conference conducted on April 23, 2010, IT IS ORDERED that: 1. On or before May 7, 2010, the parties shall electronically file a joint

stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Judge Joseph F. Bataillon, at [e-mail], a draft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. 2. 3. 4. 5. The final pre-trial conference scheduled for May 13, 2010 is cancelled. The trial scheduled for the week of June 14, 2010 is cancelled. All currently pending motions are hereby denied as moot. Absent compliance with this order, this case (including all counterclaims and

the like) may be dismissed without further notice in accordance with NECivR 68.1. DATED this 23rd day of April, 2010. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge