Stumpner, Claudia D., et al v. Central Refrigerated Service, Inc. et al

Filing 14

ORDER: The parties' motion for approval of a settlement involving minors pursuant to Wis. Stat. § 807.10, any supporting materials, and any proposed dismissal orders are due on or before January 8, 2016; and the clerk's office is directed to keep the final pretrial conference and trial date on the court's calendar until receipt of the motion for approval of settlement. Signed by District Judge William M. Conley on 12/17/2015. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
CLAUDIA D. STUMPNER, et al.,
Plaintiffs,
v.

ORDER
14-cv-612-wmc

CENTRAL REFRIGERATED SERVICE, INC., et al.,
Defendants.
_________________________________________________________________________________
Despite this case being set for a jury trial to commence January 25, 2016, the only
filings in this case to date are the pleadings. Accordingly, the court held a telephonic
status conference today. Plaintiffs appeared by Attorney Robert G. Dowling; defendants
appeared by Attorney Paul C. Werkowski; and subrogated or involuntary plaintiff United
Healthcare of Wisconsin appeared by Attorney Matthew S. Mayer.
A. Overview
This case arises out of an auto accident and was removed to federal court by
defendants on diversity grounds. Plaintiffs are Claudia Stumpner and her two minor
children C.W. and R.J.W. The two minor children are represented by their GAL, Robert
G. Dowling, who is also plaintiffs’ counsel. Stumpner and her children are citizens of
Wisconsin.
Defendants consist of Central Refrigerated Service, Inc., a Nebraska Corporation
with its principal place of business in Utah, defendant Michael P. Lambert, its driver,
who is a citizen of California, and defendant Ramon G. Clark, the driver’s supervisor,
who is a citizen of Nevada. Plaintiffs also name Red Rock Risk Retention Group, Inc., an

Arizona corporation with its principal place of business also in Arizona, as a defendant.
Red Rock insured Central Refrigerated and its employees.
There are also three subrogated or involuntary plaintiffs, Wisconsin Department
of Health Services, Wisconsin Casualty Recovery, and ABC Health Insurance Plan, now
known as UnitedHealthcare of Wisconsin (“UHC”).

(See Answ. And Claim for

Subrogation (dkt. #9).) While the notice of removal does not expressly address it, the
court need not consider the citizenship of the three involuntary health care plaintiffs in
determining whether there is complete diversity. See Navarro Sav. Ass’n v. Lee, 446 U.S.
458, 461 (1980) (“[A] federal court must disregard nominal or formal parties and rest
jurisdiction only upon the citizenship of real parties to the controversy.”).
In light of the nature of the accident and allegation of injuries, the amount in
controversy requirement also appears to have been met.

Specifically, the complaint

alleges that on January 30, 2011, defendant Lambert was negligently operating a semitruck in Fremont, Wisconsin in the course and scope of his employment with defendant
Central Refrigerated, causing a collision with Stumpner’s vehicle.

Stumpner was

seriously and permanently injured, as were her two children, who suffered the loss of
Stumpner’s full society and companionship.

The complaint further alleges that

defendants Clark and Central Refrigerated were negligent in their training and
supervision of Lambert.
B. Procedural Posture
The case was filed in Portage County Circuit Court on June 24, 2014. (Dkt. #61.)

Defendants removed this action on September 9, 2014. (Dkt. #1.)

(The last

defendant was served on August 14, 2014, see 28 U.S.C. § 1446(b)(2)(C), and therefore,
the notice of removal was timely.) Defendants answered the complaint.

(Dkt. #4.)

Involuntary or subrogated plaintiff UnitedHealthcare of Wisconsin, Inc., also answered
the complaint and asserted crossclaims and counterclaims. (Dkt. #9.)
After both the dispositive motion deadline and motions in limine deadline had
passed without any word from the parties, the clerk’s office set a telephonic status
conference for December 17, 2015. In response, my chambers received an unsolicited
joint call from plaintiffs’ and defendants’ counsel last Monday, the 7th (the same date
the conference was set), in which the parties represented that they had reached a
settlement, but explained that there were two outstanding issues. As suggested during
that call, plaintiffs’ counsel then provided a letter to the court, setting forth two
remaining issues.
First, because minors are involved, the court will need to approve the settlement
pursuant to Wis. Stat. § 807.10. The court advised the parties to refer to the papers filed
by the parties and the court order in Boisvert v. Lennox Health Products, LLC, No. 14-cv-14wmc. The proposed motion and any supporting materials are due on or before January 8,
2016. After review of the materials, the court will schedule a hearing on the motion if
necessary.

Also, if any party seeks an order dismissing this action, any proposed

dismissal order is also due on or before January 8, 2016.
Second, plaintiffs represented in the letter that Stumpner and UHC had not been
able to reach an agreement on the amount of reimbursement. On the call, however, the

parties advised the court that an agreement had been reached, thus mooting this second
issue.
Until the court receives the motion for approval of the settlement, the court will
maintain on its calendar both the final pretrial conference, scheduled for January 12,
2016, at 4:00 p.m., and the trial, scheduled to commence January 25, 2016, at 9:00 a.m.

IT IS ORDERED that:

ORDER

1) The parties’ motion for approval of a settlement involving minors pursuant to
Wis. Stat. § 807.10, any supporting materials, and any proposed dismissal
orders are due on or before January 8, 2016; and
2) The clerk’s office is directed to keep the final pretrial conference and trial date
on the court’s calendar until receipt of the motion for approval of settlement.
Entered this 17th day of December, 2015.
BY THE COURT:

/s/
__________________________________
WILLIAM M. CONLEY
District Judge