United States of America Ex Rel. Saint Joseph's Hospital, Inc. and Candler Hospital, Inc. et al v. United Distributors, Inc. et al
Filing
107
ORDER granting 106 Motion to Stay. Signed by Magistrate Judge G. R. Smith on 6/13/2012. (loh)
usIT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
THE UNITED STATES OF AMERICA
EX REL. SAINT JOSEPH'S HOSPITAL, INC
and CANDLER HOSPITAL, INC. (Relators)
22JUM 13 PM 3:28
OLEFc.J
and
Civil Action No. CV410-096
SAINT JOSEPH'S HOSPITAL. INC. and
CANDLER HOSPITAL, INC.,
Plaintiffs,
UNITED DISTRIBUTORS, INC., UNITED
DISTRIBUTORS, INC. EMPLOYEE HEALTH
BENEFIT PLAN and COMMERCE BENEFITS
GROUP AGENCY, INC. d/b/a COMMERCE
BENEFITS GROUP, INC.
Defendants.
ORDER STAYING ALL PROCEEDINGS
RELATED TO HOSPITAL PLAINTIFFS AMENDED COMPLAINT
This matter is before the Court on the Joint Status Report and Motion for Continuance of
Stay of the Hospital Plaintiffs and Defendants United Distributors, Inc. and United Distributors,
Inc. Employee Health Benefit Plan (the "Plan"), which requests a 20-day stay of all proceedings
related to the ERISA claims in the Hospitals' Verified Amended Complaint [Doe. 30]
("Hospitals' Amended Complaint").
Plaintiffs Saint Joseph's Hospital and Candler Hospital ("the Hospitals") and Defendants
United Distributors, Inc. and United Distributors, Inc. Employee Health Benefit Plan
(collectively, "United") previously filed two joint Motions asking the Court to stay all
proceedings in this matter while the Plan Administrator considered an administrative appeal
relating to the ERISA claims. [Does. 99. 105]. The administrative appeal has been decided, and
the Hospitals and United are now in the process of negotiating a final resolution of the ERISA
claims against United and preparing settlement documents.
After consideration of the Joint Motion and all other matters of record, it is hereby
ORDERED, ADJUDGED AND DECREED that the Hospitals and United's Joint Motion is
granted as to the proceedings related to the Hospitals' Amended Complaint.
IT IS FURTHER ORDERED that all proceedings related to the claims in the Hospitals'
Amended Complaint, and all deadlines related to the claims in the Hospitals' Amended
Complaint, are stayed until through and including July 3, 2012;
IT IS FURTHER ORDERED that the Hospitals and United will report to the Court by no
later than July 3, 2012 on the status of the matter;
IT IS FURTHER ORDERED that no further discovery or motion practice related to the
claims in the Hospitals' Amended Complaint, except if necessary to notify the Court to dissolve
the stay ordered herein, will be permitted before July 3, 2012 to allow the parties to conserve
resources and focus on their efforts to settle the claims in the Hospitals' Amended Complaint in
accordance with the report that has been made to the Court by the Hospitals and United.
SO ORDERED, this /3 lay of June, 2012.
Hon. ..5mit
UNITED STATES MAGISTRATE COURT JUDGE
Southern District of Georgia
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