Ramsey v. Conseco Life Insurance Company

Filing 8

ORDER STAYING CASE pursuant to the Stipulation attached to this Order. Signed by Chief Judge J. Leon Holmes on 7/20/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
WALTER H. RAMSEY, JR., as trustee of the
Ramsey Family Revocable Trust, on behalf of
himself and all others similarly situated

v.

PLAINTIFF

NO. 4:12CV00424 JLH

CONSECO LIFE INSURANCE COMPANY

DEFENDANT

ORDER
The Stipulation to Stay All Proceedings, a copy of which is attached and which has been
approved by the parties, is adopted as the Order of this Court.
IT IS SO ORDERED this 20th day of July, 2012.

UNITED STATES DISTRICT JUDGE

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WALTER H. RAMSEY, JR., as trustee of the
Ramsey Family Revocable Trust, on behalf of
himself and all others similarly situated,

Case No.: 4:12-CV-424 JLH

Plaintiff

v.
CONSECO LIFE INSURANCE COMPANY,
Defendant.

STIPULATION TO STAY ALL PROCEEDINGS
WHEREAS, on July 11,2012, Defendant Conseco Life Insurance Company
("Conseco'') removed this action to this Court from Circuit Court of Pulaski County, Arkansas;
WHEREAS, at the time of removal, the Circuit Court of Pulaski County, Arkansas, had
issued a temporary restraining order that provided as follows (the "TRO"):

By virtue of this Temporary Restraining Order, Defendant is
prevented from applying to Plaintiffthe "Cost of Insurance"
changes it announced by the letter to the Plaintiff dated October
13, 2011. In order to keep his father's insurance in place, Plaintiff
shall be required to pay the yearly premium applicable before
implementation of the rate changes described in the October 13
letter. As long as Plaintiff does so, Defendant is prevented from in
any way terminating the policy insuring his father (Conseco Policy
Number 1090 160877).
WHEREAS, before this action was filed in the Circuit Court of Pulaski County,
Arkansas, two other class actions have previously been brought challenging the same cost of
insurance ("COr') rate changes that Plaintiff challenges here (the "2011 COl Rate Changes").
The first-filed action, entitled Yue v. Conseco Life Ins. Co., Civ. No. 11-9506 AHM (SHx) (the

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"Yue Action"), was filed November 15,2011, and is currently venued in the United States
District Court for the Central District of California. The second action, entitled Nicholas v.
Conseco Life Ins. Co., Civ. No. 12-4872 AHM (SHx) (the "Nicholas Action"), was filed
February 6, 2012, and is also currently venued in the United States District Court for the Central
District of California. Both the Yue and Nicholas Actions seek the certification of a nationwide
class of plaintiffs to challenge the 2011 COl Rate Changes;
WHEREAS, in the Nicholas Action, Nicholas and Conseco have reached a nationwide
class action settlement and Nicholas has asked the United States District Court for the Central
District of California to preliminarily approve that settlement; and
WHEREAS, in the Yue Action, Yue has objected to the nationwide class action
settlement in the Nicholas case, and Yue and Conseco are currently mediating their dispute over
the nationwide class action settlement in the Nicholas Action before the Honorable Edward A.
Infante, formerly a United States District Court Judge;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the parties as
follows:
1.

Given the facts set forth above, the parties request that all proceedings in this

action be stayed for a period of 60 days from the date of this Stipulation, pending the outcome
of mediation and other proceedings in the United States District Court for the Central District;
provided however, that nothing shal1 preclude either party from seeking a further stay of all
proceedings upon expiration of the 60-day stay, upon the making of a motion for such relief or
upon the consent of the other party;
2.

That nothing in this Stipulation shall preclude Conseco, upon the termination of ·

any stay of proceedings in this action, from seeking to transfer this action to the United States
District Court for the Central District of California, and Plaintiff agrees that Conseco is not
waiving any rights to seek such a transfer by entering into this Stipulation or by agreeing to a
stay of all proceedings; and

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3.

If this Stipulation is approved by the Court, the TRO shall remain in effect for

the 60-day stay of proceedings contemplated by this Stipulation, and for a period of ten days
afterwards. After that 70-day period expires, the TRO shall be deemed dissolved, unless (a)
extended by Court order or (b) extended by a Stipulation of the parties.
Dated:
THRASH LAW FIRM

Marcus Neil Bozeman,
1101 Garland Street
Little Rock, Arkansas 7220 I
Phone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Walter H. Ramsey, Jr.
MITCHELL, WILLIAMS, SELIG, GATES
& WOODYARD P.L.L.C.
By:

~'(h f. (p~
Lyn P. Pruitt, Ark. Bar No. 84121

425 West Capitol Avenue, Suite 1800
Little Rock, Arkansas 72201
Phone: [phone]
Facsimile: [phone]
lpruitt@mwlaw:s::on}
Adam J. Kaiser
John M. Aerni
WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
Phone: [phone]
Facsimile: [phone]

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