Coatney v. Super 8 Ogallala

Filing 41

ORDER - This case was settled a year ago, but Defendant has been unable to pay the settlement amount because Medicare and Blue Cross/Blue Shield have not confirmed their lien amounts in writing. Irrespective of the dilatory conduct of government an d health insurance lienholders, this court is required to "secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. Consistent with that mandate, if the government and health insurance li enholders in this case do not provide the required documentation of their liens by May 1, 2017, the court will order Defendant to pay the settlement amount into the court, thus releasing Defendant from any further obligation: 1) regarding this lit igation, or 2) to pay any party, person, governmental agency, or entity for Plaintiff's claimed injury and damages. After Defendant's deposit is made, the court will retain jurisdiction over any litigation regarding the allocation of those settlement proceeds among Plaintiff, his counsel, and any lienholders. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WAYNE COATNEY,
Plaintiff,

8:15CV150

vs.
ORDER
SUPER 8 WORLDWIDE, INC., a
corporation doing business in Alabama;
WYNDHAM HOTEL MANAGEMENT INC,
a corporation doing business in Alabama;
and SUPER 8 OGALLALA, a Nebraska
business entity;
Defendants.
This case was settled a year ago, but Defendant has been unable to pay the
settlement amount because Medicare and Blue Cross/Blue Shield have not confirmed
their lien amounts in writing.

Irrespective of the dilatory conduct of government and health insurance
lienholders, this court is required to “secure the just, speedy, and inexpensive
determination of every action and proceeding.” Fed. R. Civ. P. 1. Consistent with that
mandate, if the government and health insurance lienholders in this case do not provide
the required documentation of their liens by May 1, 2017, the court will order Defendant
to pay the settlement amount into the court, thus releasing Defendant from any further
obligation: 1) regarding this litigation, or 2) to pay any party, person, governmental
agency, or entity for Plaintiff’s claimed injury and damages.
After Defendant’s deposit is made, the court will retain jurisdiction over any
litigation regarding the allocation of those settlement proceeds among Plaintiff, his
counsel, and any lienholders.
April 21, 2017.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge