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

Filing 75

ORDER: Travelers Casualty and Surety Company of America shall submit a brief status report to the court by September 1, 2016. By Magistrate Judge Charles S. Miller, Jr.(BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
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

On application by Defendant Travelers

Casualty and Surety Company of America

("Travelers"), the Clerk's office filed entry of default on September 29, 2015, against Defendant Byrd
Brothers Emergency Services, LLC ("BBES") and Third-Party Defendants Byrd Brothers, Inc., Claud
R. Byrd, James K. Byrd, and Donna R. Byrd pursuant to Fed. R. Civ. P. 55(a).
On October 31, 2015, Travelers filed a motion for entry of stay regarding its cross claims
against BBES and third-party claims against the third-party defendants pending resolution of a lawsuit
captioned Mike Munna, LLC v. Byrd Brothers Emergency Services, et. al., 34th District Court fo the
Parish of St. Bernard, State of Louisiana, Case No. 14-0645 (hereinafter referred to as the "Louisiana
lawsuit.").
On November 4, 2014, plaintiff and Travelers filed a motion to dismiss the following claims
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and counterclaims with prejudice: Plaintiff’s claims against Travelers and BBES; and BBES’s
counterclaims against plaintiff. Therein, they advised that the parties had participated in a private
mediation on August 25, 2014, and that a settlement of these claims was reached. They further advised
that, although BBES had not been represented by counsel, BBES’s President participated in the
mediation by telephone and email and has subsequently confirmed in writing BBES's consent to the
agreement.
On November 7, 2014, the court issued order granting the motions to dismiss and to stay,
dismissing all pending claims except for Travelers' cross claims against BBES and third-party claims
against the third-party defendants, and staying what remains of this action pending resolution of the
Louisiana lawsuit.
On November 13, 2015, Travelers filed a motion to lift the stay. Therein, it advised the court
of its intention on filing a motion for default judgment in the Louisiana action. However before doing
so, it requested that this court lift the stay in this action so it could attempt to effectuate service on thirdparty defendant Claude R. Byrd.
On November 18, 2015, the court issued an order granting Travelers' motion and lifting the stay.
Approximately seven months has since lapsed and there has been no apparent action in this case.
Consequently, Travelers is directed to submit a brief report to the court by September 1, 2016, updating
it on the Louisiana lawsuit along, its efforts to serve third-party defendant Claude R. Byrd, and how
it intends to proceed with the above-entitled action.
IT IS SO ORDERED.
Dated this 5th day of July, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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