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)

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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 -2-

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