Patterson v. Mutual of Omaha Insurance Company et al
| Wesley Patterson |
| John Doe and Mutual of Omaha Insurance Company |
| 8:2010cv00026 |
| January 20, 2010 |
| U.S. District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| F. A. Gossett |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
135
ORDER OF DISMISSAL WITH PREJUDICE - THIS MATTER is before the Court on the parties' joint stipulation for dismissal with prejudice (Filing No. 134 ). Being fully advised in the premises, it is hereby ordered: Plaintiff's complaint is dismissed with prejudice, terminating this action. Each party shall pay their own costs and attorney fees. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL )
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Filing
133
ORDER that upon notice of settlement on February 6, 2015, by Timothy J. Thalken, counsel for the defendant, Mutual of Omaha Insurance Company, IT IS ORDERED that: On or before March 6, 2015, the parties shall electronically file a joint stipulatio n for dismissal (or other dispositive stipulation) and shall submit to the undersigned judge, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The previously scheduled status conference set for February 27, 2015 is cancelled. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
131
ORDER granting 130 Stipulation. Defendant Mutual of Omaha Insurance Company is hereby ordered to pay the Plaintiff's attorney $34,768.83 in full satisfaction of its obligations under this Court's memorandum and order (Filing No. 126). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
126
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: The Court grants plaintiff's motion for attorney fees, Filing No. 100 , relating to attorney fees incurred prior to defendant's appeal. The Court denies plaintiff's motion for at torney fees, Filing No. 100 , relating to attorney fees stemming from defendant's appeal because plaintiff must seek these attorney fees with the Eighth Circuit as set forth above. The Court denies plaintiff's motion for attorney fees, Fil ing No. 100 , relating to attorney fees incurred after March 3, 2014, as set forth herein. The Court denies the plaintiff's motion to assess damages at this time, Filing No. 97 , as set forth herein. Plaintiff shall have 14 days from the date of this order to file an itemized claim for fees in accordance with this Memorandum and Order, and defendant shall have 14 days thereafter to respond. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
87
ORDER STAYING ENFORCEMENT OF JUDGMENT PENDING APPEAL- Enforcement of this Court's judgment (Filing No. 85 ), is hereby stayed pending the resolution of Mutual's appeal from the judgment. Mutual is not required to post a bond in order to effectuate the stay. Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
84
MEMORANDUM AND ORDER- Defendant Mutual of Omaha is liable to provide coverage to the plaintiff Wesley Patterson under the Catastrophic Injury Insurance Policy. Defendant Mutual of Omaha is ordered to pay those benefits to plaintiff Wesley Patte rson to which he is entitled as a result of his injuries incurred on January 23, 2008. Plaintiffs motion for summary judgment, Filing No. 80 , is granted. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
58
ORDER denying 53 Plaintiff's Motion to Compel. The circumstances surrounding Mutual's decision to approve Ms. Norwood's claim and the decision-making process utilized in evaluating her claim have no bearing on the issues involved in this action. Ordered by Magistrate Judge F.A. Gossett. (JAB)
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Filing
50
PROTECTIVE ORDER on Defendant Mutual of Omaha Insurance Company's Motion for Protective Order 40 . Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
28
MEMORANDUM AND ORDER - A status conference was held today to discuss the parties' plan for progression of this case to resolution. Accordingly, 1) The discovery and deposition deadline on the notice of claim issue is January 14, 2011. Motions to compel discovery must be filed at least 15 days prior to this discovery and deposition deadline. 2) On or before January 28, 2011, the parties shall file their motions to dismiss or for summary judgment on the issue of whether the defendants were af forded proper and timely notice of the plaintiff's claim. 3) If this case is not fully resolved by the court's summary judgment ruling on the notice of claim issue, within 15 days following the summary judgment ruling, the parties shall contact the chambers of the undersigned magistrate judge to schedule a telephonic planning conference to discuss further case progression. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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