Wells Fargo Insurance Services of Minnesota v. McDermott et al

Filing 27

ORDER that upon notification from the parties that a tentative settlement has been reached, the hearing scheduled for 11/19/09 is canceled. Further, the defendants' Motion to Dismiss (Filing No. 9) in case 8:09CV153 is denied as moot, subject to reassertion if a settlement is not completed. The parties shall file a joint stipulation for dismissal (or other dispositive stipulation) by 1/18/10. Ordered by Chief Judge Joseph F. Bataillon. (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA WELLS FARGO INSURANCE SERVICES OF ) MINNESOTA, INC., ) ) Plaintiff, ) ) v. ) ) WAYNE H. MCDERMOTT, SHARON L. ) MCDERMOTT, and DIVERSIFIED ) BENEFITS GROUP, LLC, ) ) Defendants. ) ) WAYNE H. McDERMOTT, ) ) Plaintiff, ) ) v. ) ) WELLS FARGO INSURANCE SERVICES OF ) MINNESOTA, INC., KEITH BURKHARDT an ) ) Defendants. ) ) )

8:08CV505

ORDER

8:09CV153

ORDER

IT IS ORDERED that, upon notification from the parties that a tentative settlement has been reached, the hearing scheduled for November 19, 2009, is canceled. Further, the defendants' Motion to Dismiss (Filing No. 9) in case 8:09CV153 is denied as moot, subject to reassertion if a settlement is not completed.

IT IS FURTHER ORDERED that the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court which will fully dispose of the case and provide a copy to the undersigned judge on or before January 18, 2010. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a)(1)(ii) and shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice in accordance with NECivR 41.1. DATED this 13th day of November, 2009.
BY THE COURT:

s/ Joseph F. Bataillon Chief United States District Judge