Bowen et al v. Allied Property and Casualty Insurance Company
| Jacqueline E. Bowen and Stephen T. Bowen |
| Allied Property and Casualty Insurance Company |
| 4:2011cv03163 |
| September 26, 2011 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
89
ORDER TO WITHDRAW EXHIBITS - Counsel for parties, shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge Richard G. Kopf. (JAB)
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Filing
86
MEMORANDUM AND ORDER granting in part 81 Motion for Attorney Fees. The plaintiffs are hereby awarded total attorneys' fees, costs, and expenses against the defendant in the amount of $101,838.66. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (JSF)
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Filing
80
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Defendant Allied Property and Casualty Insurance Company's Motion to Exclude (Filing 52 ) evidence of plaintiff Stephen T. Bowens alleged loss of consortium is denied. Defendant Allied Property and Casualty Insurance Company's statement of objections (Filing 66 ) to Magistrate Judge Zwart's order (Filing 65 ) regarding the exclusion of supplemental expert opinions offered by Dr. Phillip Essay is denied. Judgment shall be entere d in favor of plaintiffs Jacqueline and Stephen Bowen and against defendant Allied Property and Casualty Insurance Company in the amount of $250,000, the underinsured motorist coverage amount contained in automobile insurance policy number PPC 0014076466-3 issued by defendant Allied to the plaintiffs. However, judgment shall be withheld pending resolution of the issue of attorneys' fees. The plaintiffs may file an application for reasonable attorneys' fees pursuant to Neb. Rev . Stat. § 44-35919 and the Local Rules of Practice of the United States District Court for the District of Nebraska on or before December 20, 2012. The defendant may file a response to such application on or before January 3, 2013, and the plaintiffs may file a reply on or before January 10, 2013. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
65
ORDER granting in part and denying in part 56 Motion to Exclude the July 2012 expert opinions of Dr. Essay. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
43
MEMORANDUM AND ORDER - The parties joint motion to continue, (filing no. 42 ), is granted. The Non-Jury trial of this case is set to commence before the Honorable Richard G. Kopf, in the United States Courthouse, Lincoln, Nebraska at 9:00 a. m. on August 14, 2012, or as soon thereafter as the case may be called, for a duration of two (2) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one . Jury selection will be held at commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on August 2, 2012 at 10:45 a.m., and will be conducted by WebEx conferencing. To facilitate this conferencing method, the parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on August 1, 2012. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. The deposition deadline is extended to July 31, 2012. All other dates and information shall remain the same as set forth in the original Progression Order (Filing No. 13 ). Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
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Filing
35
MEMORANDUM AND ORDER - The defendant's motion for continuance, interpreted as also requesting an order for a Rule 35 examination, (filing no. 30 ), is granted. Plaintiff Jacqueline Bowen shall attend and submit to an independent medical examin ation at Defendant's expense, on Monday, May 14, 2012, at 2:45 p.m. On or before May 7, 2012, the defendant shall provide to the plaintiffs' counsel a general statement outlining the anticipated manner, conditions, and scope of the independ ent medical examination to be performed. Non-Jury Trial set for 7/23/2012 at 09:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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