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15-150 - Coatney v. Super 8 Ogallala


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15-150 - Coatney v. Super 8 Ogallala
May 11, 2015
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ORDER granting 13 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
June 2, 2015
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ORDER - As part of its answer, Defendant Super 8 Ogallala moved to change the place of trial to North Platte. (Filing No. 15). The plaintiff has not responded. For the convenience of the witnesses, (see NECivR 40.1(b)(1)), this case will be tried in North Platte, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 28, 2016
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ORDER regarding 34 Suggestion of Death. 1. This case is stayed until May 31, 2016, pending a determination of whether the decedent's claims will be revived and further litigated by Plaintiff's estate. 2. On or before May 31, 2016, Plaintiff's counsel shall either: 1) move to voluntarily dismiss this case; 2) file a motion to substitute the Plaintiff's estate or personal representative as the named plaintiff in this action; or, 3) file a report advising the court as whether Plaintiff's estate intends to further litigate this action and the current status of any court proceedings (state or bankruptcy) underway that may impact the progression of this case. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 8, 2016
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, 2016. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)MEMORANDUM AND ORDER that Plaintiff's counsel is given until July 29, 2016 to show cause why the court should not dismiss this action for want of prosecution and without further notice. The clerk shall set a case management deadline for August 3
September 30, 2016
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and advise the court when final dismissal papers will be filed. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)ORDER - The Clerk of the United States District Court for the District of Nebraska shall close this case for statistical purposes. Beginning Nov. 1, 2016, the parties shall provide this court with a status report regarding the lien negotiations
April 21, 2017
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ORDER - This case was settled a year ago, but Defendant has been unable to pay the settlement amount because Medicare and Blue Cross/Blue Shield have not confirmed their lien amounts in writing. Irrespective of the dilatory conduct of government and health insurance lienholders, this court is required to "secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. Consistent with that mandate, if the government and health insurance lienholders in this case do not provide the required documentation of their liens by May 1, 2017, the court will order Defendant to pay the settlement amount into the court, thus releasing Defendant from any further obligation: 1) regarding this litigation, or 2) to pay any party, person, governmental agency, or entity for Plaintiff's claimed injury and damages. After Defendant's deposit is made, the court will retain jurisdiction over any litigation regarding the allocation of those settlement proceeds among Plaintiff, his counsel, and any lienholders. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)