Shaw v. Columbia Casualty Company

Filing 6

ORDER - Pursuant to the stipulation of the Parties, (Filing No. 5 ), which is hereby approved: This action and all proceedings and claims are hereby stayed until eight weeks following the date of this Order. All applicable time periods and deadlines from the date of the start of the stay to the time when the stay is lifted are hereby vacated. IT IS SO ORDERED. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

LARRY SHAW, an individual,

Case No. 8:17-cv-00311

Plaintiff,
vs.

JOINT STIPULATION AND
ORDER TO STAY CASE
FOR EIGHT WEEKS

COLUMBIA CASUALTY COMPANY, an
Illinois corporation,
Defendant.

I. STIPULATION
WHEREAS, on July 19, 2017, Plaintiff Larry Shaw (“Plaintiff” or “Shaw”) filed a
complaint for declaratory relief and violation of the Nebraska Unfair Claims Settlement Practices
Act against Columbia Casualty Company (“Defendant” or “Columbia”) in Clay County District
Court, Nebraska, Case No. D30C1170000035 (“the State Court Action”). The Complaint seeks
payment of a judgment against Desert Health Group, an entity to whom Columbia allegedly
issued a Long Term Care Commercial General Liability policy.
WHEREAS, Columbia removed the State Court Action to this Court by way of a Notice
of Removal filed on August 22, 2017;
WHEREAS, Shaw and Columbia (collectively the “Parties”) wish to discuss the merits of
the Parties’ respective claims and defenses and the possible resolution of this action prior to
further expenditure;
WHEREAS, pursuant to U.S.D.C., District of Nebraska Local Rule 7.3, the Parties have
agreed to request a stay of all proceedings in this matter for eight weeks without prejudice to
either party’s claims in this matter.

1
383628-1

Now, therefore, it is hereby stipulated by the Parties, by and through their respective
attorneys, as follows:
1.

All claims and proceedings in this action should be stayed for a period of eight

weeks starting on the date this Stipulation and Order To Stay Case is entered by the Court.
2.

Columbia’s response to Shaw’s complaint will be filed within 10 days after the

end of the eight week stay period. Any discovery served in the State Court Action shall be reserved after the end of the eight week period, with the discovery subject to the Federal Rules of
Civil Procedure.
3.

The Parties agree the stipulated stay does not have any other procedural or

substantive impact on issues in this action.
4.

By entering into this Stipulation, neither Plaintiff nor Defendant waives any

defenses, rights or privileges.
IT IS SO STIPULATED.

LARRY SHAW, Plaintiff

COLUMBIA CASUALTY COMPANY,
Defendant

By:__/s/ Robert M. Sullivan___________
Robert M. Sullivan (#20793)
747 N. Burlington Ave., Ste. 305
P.O. Box 309
Hastings, Nebraska 68902
[phone]
[e-mail]
ATTORNEY FOR PLAINTIFF

By:___/s/ Gerald L. Friedrichsen________
Gerald L. Friedrichsen (#15898)
FITZGERALD, SCHORR,
BARMETTLER & BRENNAN, P.C.
10050 Regency Circle, Suite 200
Omaha, NE 68114-3794
[phone]
[e-mail]
ATTORNEY FOR DEFENDANT

2
383628-1

II.

ORDER

Pursuant to the stipulation of the Parties, (Filing No. 5), which is hereby approved:
1.

This action and all proceedings and claims are hereby stayed until eight weeks

following the date of this Order.
2.

All applicable time periods and deadlines from the date of the start of the stay to

the time when the stay is lifted are hereby vacated.
IT IS SO ORDERED.
Entered this ____
August 24, 2017. day of August, 2017.

BY THE COURT:
BY THE COURT:

_______________________
Cheryl R. Zwart
United States Magistrate Judge

Chief Judge Laurie Smith Camp

3
383628-1