Spano et al v. Boeing Company, The et al

Filing 385

ORDER denying as premature 368 Motion for Summary Judgment and denying as premature 370 Motion for Summary Judgment. See Order for details. Signed by Chief Judge David R. Herndon on 9/19/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

GARY SPANO, et al.,

Plaintiffs,

v.

THE BOEING COMPANY, et al.,

Defendants.

No. 06-0743-DRH
ORDER

HERNDON, Chief Judge:
This matter comes before the Court for case management. On September 17,
2012, in a related case Beesley v. Int’l Paper Co., 06-703-DRH (Doc. 511), the
Court entered an Order denying the pending motions for summary judgment as the
proper procedure is to decide first the class certification issue. Based on the same
reasons stated in the Beesley Order, the Court DENIES as premature the pending
motions for summary judgment (Docs. 368 & 370). Next, the Court will rule on the
amended class certification motion (Doc. 309) and the alternative motion to pursue
direct action for breach of fiduciary duties (Doc. 311). After those rulings, the Court
will stay this matter until it is determined whether the parties will seek permission
to appeal the Court’s class certification order, and if so, until a decision on that

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appeal is rendered. If no petition for permission to appeal is filed with the Clerk of
the 7th Circuit within fourteen days of the date of the class certification order, the
stay will be lifted.
IT IS SO ORDERED.
Signed this 19th day of September, 2012.
.

Digitally signed by
David R. Herndon
Date: 2012.09.19
14:29:54 -05'00'
Chief Judge
United States District Court

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