Beesley et al v. International Paper Company et al

Filing 334

ORDER STAYING CASE, GRANTING 332 MOTION to Stay Pending Resolution of Appeal and Memorandum in Support filed by Ethel A. Scully, Jerome N. Carter, Bob Hunkeler, Robert Florio, International Paper 401(k) Committee, The International Paper Fiduciary Review Committee, International Paper Company, Patricia Neuhoff, David Whitehouse, Alicen Francis, Mark Lehman. Signed by Chief Judge David R. Herndon on 2/18/10. (anj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS PAT BEESLEY, et al., Plaintiffs, v. INTERNATIONAL PAPER COMPANY, et al., Defendants. ORDER HERNDON, Chief Judge: No. 06-703-DRH

Before the Court is Defendants' Motion for Stay Pending Resolution of Appeal and Memorandum in Support of Motion (Doc. 332). Specifically, Defendants ask that the Court stay this case until the Seventh Circuit issues a ruling on the Defendants' appeal of this Court's class certification Order. This Court had

previously sua sponte stayed this case pending the outcome of the appeal and then subsequently lifted the stay. Recently, however, the Seventh Circuit stayed

proceedings in a similar case, Spano v. The Boeing Co., Case No. 06-CV-00743DRH (S.D. Ill)., which is also pending before this Court and in which the appeal is substantially similar to the appeal in this case. Defendants now request that this Court also stay this proceeding in light of the stay in the Spano case. Plaintiffs have not filed a response to Defendants' motion. Therefore, based on the reasons set forth in the motion, the Court GRANTS Defendants' motion to stay and STAYS this case

pending resolution of the appeal before the Seventh Circuit.

IT IS SO ORDERED. Signed this 18th day of February, 2010.

/s/ DavidRHer|do| Chief Judge United States District Court

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