Agency One Insurance, Inc. et al v. Westport Insurance Corp.

Filing 70

ORDER- 1) The summary judgment deadline is set aside pending further order of the court.2) On or before June 20, 2014, Metropolitan Property and Casualty Insurance Company, the assignee of Plaintiffs' claims, shall formally enter this case as a party and have an attorney enter an appearance on its behalf, in the absence of which this case will be dismissed, with prejudice, for want of prosecution, and without further notice. Copy of order emailed and mailed by Judge Zwart's chambers. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AGENCY ONE INSURANCE, INC.,
PAMELA A SIROKY,
8:13CV78
Plaintiffs,
vs.

MEMORANDUM AND ORDER

WESTPORT INSURANCE CORP.,
Defendant.
The above-captioned case was filed on March 6, 2013, and scheduled to be tried
on January 13, 2014, (Filing No. 24); then June 18, 2014, (Filing No. 34); and now
September 22, 2014. (Filing No. 44). All parties intend to move for summary judgment.

During a conference call held on May 29, 2014, the court was advised that
Plaintiffs’ claims in this litigation were assigned to Metropolitan Property and Casualty
Insurance Company as part of a settlement agreement in an Iowa federal case. (Filing No.
67-1). That assignment occurred at least thirty (30) days ago, but Metropolitan has filed
nothing of record stating that pursuant to an assignment of rights, it now claims an
interest in this litigation.

In the Iowa case, Metropolitan was represented by both Iowa counsel, (John C
Gray, Heidman Law Firm, LLP, 1128 Historic 4th Street, PO Box 3086, Sioux City, IA
51102), and by Nebraska counsel (Peter J Leo, Koley Jessen, PC, LLO, 1125 S. 103rd
Street, Suite 800, Omaha, NE 68124). Metropolitan apparently intends to hire different
counsel to pursue the claims raised in Agency One’s complaint in this forum, but it has
not retained Agency One’s current Nebraska counsel to continue this litigation, and no
one else has entered an appearance in this case on Metropolitan’s behalf.

Metropolitan’s lackadaisical attitude disrupts this court’s scheduling processes;
wholly ignores its scheduling orders; and places this court, Agency One and Siroky’s
current counsel of record, and Westport Insurance in the untenable position of wondering
if this case will be litigated and, if so, when and by whom.
Accordingly,
IT IS ORDERED:
1)

The summary judgment deadline is set aside pending further order of the
court.

2)

On or before June 20, 2014, Metropolitan Property and Casualty Insurance
Company, the assignee of Plaintiffs’ claims, shall formally enter this case
as a party and have an attorney enter an appearance on its behalf, in the
absence of which this case will be dismissed, with prejudice, for want of
prosecution, and without further notice.

3)

The clerk shall mail and email a copy of this memorandum and order to
Metropolitan Property and Casualty Insurance Company’s counsel of
record in Metropolitan Property and Casualty Insurance Company v.
Agency One Insurance, Inc. and Pamela A Siroky, 5:12CV4050 (N.D.
Iowa):
John C Gray
Heidman Law Firm, LLP
1128 Historic 4th Street
PO Box 3086
Sioux City, IA 51102
[e-mail]

Peter J Leo
Koley Jessen, PC, LLO
1125 S. 103rd Street
Suite 800
Omaha, NE 68124
[e-mail]

June 6, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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