United States of America v. Persons Service Company, LLC et al

Filing 67

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 65 Motion to Stay; granting 66 Motion to Dismiss. The parties shall file a status update with the court on or before 5/1/2015. (KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
United States of America for the use and
benefit of Curtis C. Davis d/b/a Davis
Contracting Company,
Plaintiff,
vs.
Byrd Brothers Emergency Services, LLC;
and Travelers Casualty and Surety
Company of America,
Defendants.
Travelers Casualty and Surety Company
of America,
Third-Party Plaintiff,
vs.
Byrd Brothers, Inc., Claude R. Byrd,
James K. Byrd, and Donna R. Byrd,
Third-Party Defendants.

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ORDER

Case No. 4:12-cv-153

Upon application by Defendant Travelers Casualty and Surety Company of America
(“Travelers”), the Clerk’s office filed entry of default on September 29, 2014, against Defendant
Byrd Brothers Emergency Services, LLC (“BBES”) and Third-Party Defendants Byrd Brothers, Inc.,
Claude R. Byrd, James K. Byrd, and Donna R. Byrd pursuant to Fed. R. Civ. P. 55(a).
On October 31, 2014, Defendant Travelers Casualty and Surety Company of America
(“Travelers”) filed a motion for entry of stay regarding its cross-claims against BBES, and thirdparty claims against Third-Party Defendants pending conclusion of the lawsuit captioned Mike
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Munna, LLC v. Byrd Brothers Emergency Services, LLC, et. al., 34th Judicial District Court for the
Parish of St. Bernard, State of Louisiana, Case No. #14-0645.
On November 4, 2014, plaintiff and Travelers filed a motion to dismiss the following claims
and counterclaims with prejudice: Plaintiff’s claims against Travelers and BBES; and BBES’s
counterclaims against plaintiff. They advise that the parties participated in a private mediation on
August 25, 2014, and that a settlement of these claims was reached. They further advise that,
although BBES is not represented by counsel, BBES’s President participated in the mediation by
telephone and email and has subsequently confirmed in writing to counsel that BBES has consented
to the agreement.
The court GRANTS plaintiff’s and Traveler’s Motion to Dismiss (Docket No. 66).
Plaintiff’s claims against Travelers and BBES are DISMISSED with prejudice.

BBES’s

counterclaims against plaintiff are also DISMISSED with prejudice. Thus, the only claims
remaining are Traveler’s cross-claims against BBES and third party claims against third-party
defendants.
The court GRANTS Traveler’s motion for entry of stay regarding its cross-claims and thirdparty claims (Docket No. 65). This matter shall be stayed pending conclusion of the lawsuit
captioned Mike Munna, LLC v. Byrd Brothers Emergency Services, LLC, et. al., 34th Judicial
District Court for the Parish of St. Bernard, State of Louisiana, Case No. #14-0645. The parties are
ORDERED to file with the court an update on the status of the case on or before May 1, 2015.
IT IS SO ORDERED.
Dated this 7th day of November, 2014.

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