Ribeiro et al v. Baby Trend, Inc.

Filing 804

ORDER - IT IS ORDERED THAT the representatives of the Lerado Defendants and a representative of China Life communicate directly with counsel for the Lerado Defendants on or before 12:00 p.m. (CST) on April 20, 2017, with its response to recommendat ions from Lerado's legal counsel regarding its settlement recommendations. Counsel for the Lerado Defendants shall file on the docket notice of compliance with this Order upon completion, but no later than 2:00 p.m. (CST) on April 20, 2017. Ordered by Magistrate Judge F.A. Gossett. (SMN)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRANCO RIBEIRO and DEANNA RIBEIRO,
as individuals and as next friends and
biological parents of LUCAS RIBEIRO, an
infant,
Plaintiffs,
vs.
BABY TREND, INC., et al.
Defendants.

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Case No. 8:12CV204

ORDER

On April 17, 2017, a second pretrial conference was held on this matter prior to
jury selection, which is set for April 24, 2017.
Michael Coyle and Jordan Adam.

The Plaintiffs were represented by

IMMI was represented by Ronald Krause and

Matthew King, appearing in person, and by Randall Riggs, appearing telephonically.
Jessica Uhlenkamp and Jason Bring appeared on behalf of the Lerado Defendants.
During the course of the hearing, Plaintiffs advised the Court that Plaintiffs and
the Lerado Defendants have been engaged in settlement discussions.

The parties

reported that counsel for the Lerado Defendants had received no response from their
client to Plaintiffs’ most recent settlement demand.
It was reported that recommendations of counsel must go through several layers
of individuals located in the United States and China. This, coupled with language
barriers, and significant time differences, have impacted counsel’s ability to
communicate effectively with the Lerado Defendants’ insurance carrier and receive
timely responses to recommendations by the Lerado Defendants' counsel. While all
parties are entitled to have this matter adjudicated by jury trial, settlement
communications need to be responded to on a timely basis prior to jury selection on
April 24, 2017.
IT

IS

THEREFORE

ORDERED,

ADJUDGED

AND

DECREED

that

representatives of the Lerado Defendants, as well as a representative of China Life,
communicate directly with counsel for the Lerado Defendants on or before 12:00 p.m.,

Noon, (CST), on Thursday, April 20, 2017, with its response to recommendations from
Lerado’s legal counsel regarding its settlement recommendations or, whether the
Lerado Defendants, in consultation with their liability insurance carrier, China Life, wish
to proceed to trial.
Counsel for the Lerado Defendants shall file on the docket notice of compliance
with this Order upon completion, but no later than 2:00 p.m. (CST) on April 20, 2017.
IT IS SO ORDERED.
DATED this 18th day of April, 2017.

BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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