Brown et al v. Providence Medical Center, et al

Filing 38

ORDER that the Defendants' Motion for Attorney Fees, Costs and Expenses and Motion to Stay, Pending Payment 34 is granted, in part, as follows: This action is stayed pending resolution of the Defendants' Motion for Attorney Fees, Costs and Expenses; and the Court will defer ruling on the Motion for Attorney Fees, Costs, and Expenses, pending the receipt of all briefs and evidentiary submissions of the parties. Ordered by Chief Judge Laurie Smith Camp. (JB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFF BROWN, and SHERRI
GOTHIER, Individually and as CoSpecial Administrators of the Estate
of KB, Deceased,
Plaintiffs,
v.
PROVIDENCE MEDICAL CENTER
(Wayne, Nebraska), MERCY
MEDICAL CENTER, Sioux City,
MERCY MEDICAL SERVICES, and
MERCY HEALTH SERVICES, Iowa,
Corp.,

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CASE NO. 8:12CV31

ORDER

Defendants.
This matter is before the Court on the Motion for Attorney Fees, Costs and
Expenses and Motion to Stay, Pending Payment (Filing No. 34) filed by the Defendants.
In a case related to the present action, Brown et al. v. Providence Medical Center et al.,
8:10CV230, the Court granted the Plaintiffs’ Motion for Voluntary Dismissal “without
prejudice to the Plaintiffs’ filing of the action at a later date.” (Id. at Filing No. 196.) The
Court conditioned the refiling of any claim that had been presented in that case on the
Plaintiffs paying the “Defendants’ reasonable attorney fees, costs, and expenses incurred
in the defense of [that case] if” the Plaintiffs refiled any claim presented in that case in a
new action. (Id.)
In the present Motions, the Defendants assert that the Plaintiffs have refiled claims
that they presented in the voluntarily dismissed case. The Defendants now seek to recover
their reasonable attorney fees, costs, and expenses incurred in defending the voluntarily
dismissed case, and request that the present action be stayed until they receive payment
of those fees, costs and expenses.

The Plaintiffs have in fact filed claims in the present action that are the same as
those the Plaintiffs filed in the related case that was voluntarily dismissed. Accordingly,
IT IS ORDERED:
The Defendants’ Motion for Attorney Fees, Costs and Expenses and Motion to Stay,
Pending Payment (Filing No. 34) is granted, in part, as follows:
The above-captioned action is stayed pending resolution of the Defendants’
Motion for Attorney Fees, Costs and Expenses; and
The Court will defer ruling on the Motion for Attorney Fees, Costs, and Expenses,
pending the receipt of all briefs and evidentiary submissions of the parties.

DATED this 7th day of March, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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