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Herb v. Ansurt

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


January 6, 2009

GRACE L. HERB PLAINTIFF,
v.
MALCOM ANSURT AND WERNER ENTERPRISES, INC. D/B/A WERNER ENTERPRISES, DEFENDANTS.

The opinion of the court was delivered by: Henry S. Perkin U.S. Magistrate Judge

MEMORANDUM

This personal injury case was referred to me by Judge James Knoll Gardner for the purpose of scheduling and conducting a settlement conference (Document 6). Pursuant to that referral, an initial conference was held on December 23, 2008. During that conference, it became apparent that the Plaintiff's counsel could not formulate a demand for settlement due to the fact that he had not received information from Medicare as to the amount of its lien. In order to comply with Judge Gardner's order of referral, Plaintiff must receive this information before the parties can proceed with a meaningful settlement conference. According to Plaintiff's counsel, the Medicare Secondary Payer Recovery Coordinator has historically taken several months to determine and communicate such lien information. If this information is not received in the near future, the court will schedule a conference pursuant to Rule 16 and set a schedule for trial. In order to maximize the effectiveness of settlement discussions, it is important that these discussions take place prior to entry of a scheduling order which will include discovery, dispositive motions, pretrial motions and trial.

Accordingly, this Court directs the Medicare Secondary Payer Recovery Coordinator to show cause why the amount of its final lien shall not be provided to Plaintiff within thirty (30) days of the following Order:

ORDER

AND NOW, this 6th day of January, 2009, in accordance with the attached Memorandum, the Medicare Secondary Payer Recovery Coordinator, located at P.O. Box 33847, Detroit, Michigan 48232-5847, assigned to the matter of Grace L. Herb, HIC# 179185486D regarding treatment arising out of injuries sustained on September 27, 2006, is directed to show cause why it should not provide a certification of the amount of its final lien by February 5, 2009. Such certification will separate the lien amount attributable to any treatment for breast hematoma from treatment for any lower back injury.

The Medicare Secondary Payer Recovery Coordinator shall respond to this Order no later than February 5, 2009. In the absence of such response, this Order shall become absolute and the Medicare Secondary Payer Recovery Coordinator shall provide such lien certification to the Plaintiff's attorney, Mark K. Altemose, Esquire, no later than March 5, 2009 at Cohen and Feeley, 2851 Baglyos Circle, Suite 200, Bethlehem, Pennsylvania.

Plaintiff's Counsel shall serve this Order and Memorandum upon the Medicare Secondary Payer Recovery Coordinator Forthwith.

Henry S. Perkin United States Magistrate Judge

20090106

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