Berns et al v. Union Pacific Railroad Company

Filing 46

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 5/15/2018. 45 Stipulation for approval under Wis. Stat. §102.29 and for dismissal APPROVED. Total settlement of $492,222 to be distributed as indicated in this order; that distribution APPROVED by the court under Wis. Stat. §102.29. Case DISMISSED with prejudice and without costs to either party; dismissal includes all claims, cross-claims, counterclaims and causes of action in the pleadings. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SUSANNE BERNS,
Plaintiff,
and
PROFESSIONAL TRANSPORTATION, INC.,
Involuntary Plaintiff,
v.

Case No. 14-cv-328-pp

UNION PACIFIC RAILROAD COMPANY,
Defendant and Third-Party Plaintiff,
v.
CUSA CSS, LLC and
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH PA,
Third-Party Defendants.
ORDER APPROVING WIS. STAT. §102.29 STIPULATION (DKT. NO. 45) AND
DISMISSING CASE
On March 23, 2019, the parties informed the court that they had
resolved the case, and that they anticipated filing settlement documents within
sixty days. Dkt. No. 44. The court administratively closed the case until the
parties could file their settlement documents; it told the parties that once they
filed the documents, it would convert the closure to the resolution reflected in
them. Id. On May 4, 2018, the parties filed a stipulation under Wis. Stat.
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§102.29, and asked the court to dismiss the case. Dkt. No. 45. Under the terms
of the settlement, the third-party defendants have agreed to make settlement
payments in the total sum of $492,222, id. at 1, to be distributed in the
manner described in the stipulation, id. at 2.
The court APPROVES the stipulation. Dkt. No. 45. The court ORDERS
that, under Wis. Stat. §102.29, the parties’ total settlement of $492,222.00
shall be distributed as follows:
$133,235.89

Payment to Hoey and Farina, P.C.
(attorney’s costs and fees)

$142,222.00

Payment to Professional Transportation, Inc.
(payment of medical expenses and indemnity
benefits)

$19,764.11

Payment into Medicare
(future medical costs)

$197,000.00

Payment to Susanne Berns

The court APPROVES the above distribution of proceeds under the
provisions of Wis. Stat. §102.29.
The court ORDERS that the case is DISMISSED with prejudice and
without costs to either party. The dismissal includes all claims, cross-claims,
counterclaims and causes of action in the pleadings.
Dated in Milwaukee, Wisconsin this 15th day of May, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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