Brotherhood Mutual Insurance Company v. Omaha Chinese Christian Church

Filing 18

ORDER - Joseph A. Yoder is appointed as a neutral umpire to act in this case with the same force and effect as if specifically appointed by Petitioner's and Respondent's appraisers. Any objection to this order shall be filed on or before November 20, 2017, in the absence of which this case will be dismissed. The clerk shall set a case management deadline of November 20, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BROTHERHOOD MUTUAL
INSURANCE COMPANY,
8:17CV192
Petitioner,
ORDER

vs.
OMAHA CHINESE CHRISTIAN
CHURCH,
Respondent.

On June 6, 2017, Petitioner Brotherhood Mutual Insurance Company filed
a Petition to Appoint a Neutral Umpire (Filing No. 1), pursuant to the Federal
Arbitration Act, 9 U.S.C. §§ 4-6. On June 30, 2017, Respondent Omaha Chinese
Christian Church filed its response to the Petition. (Filing No. 7).

The undersigned magistrate judge held a telephonic conference with the
parties on October 18, 2017, and ordered that each party file a list of three
acceptable neutral umpires, along with a detailed description of the named
umpires’ professional qualifications. (Filing No. 16). The court has reviewed the
professional qualifications of the candidates provided by each party. (Filing Nos.
15 and 17).

Upon consideration of Joseph A. Yoder’s education and training, his
decades of engineering and construction experience, his five active professional
engineering registrations, and his previous experience as both an appraiser and
umpire, the court finds Joseph A. Yoder should be appointed as a neutral umpire
for this case.

Accordingly,

IT IS ORDERED:

1)

Joseph A. Yoder is appointed as a neutral umpire to act in this case

with the same force and effect as if specifically appointed by Petitioner’s and
Respondent’s appraisers.

2)

Any objection to this order shall be filed on or before November 20,

2017, in the absence of which this case will be dismissed.

3)

The clerk shall set a case management deadline of November 20,

2017.

Dated this 7th day of November, 2017.

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

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