Porritt et al v. Amscan Holdings, Inc. et al

Filing 52

MEMORANDUM AND ORDER Denying 35 Joint MOTION to Stay Pending Outcome of Stauffer v. Brooks Bros. Inc. filed by Betallic, LLC. Signed by Judge J. Phil Gilbert on 10/21/10. (bkl)

-DGW Porritt et al v. Amscan Holdings, Inc. et al

Doc. 52

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS CHRISTINA L. PORRITT, et al., Plaintiffs/Relators, v. AMSCAN HOLDINGS, INC., et al., Defendants. : : : : : : : : :

Case No. 10-cv-469-JPG

MEMORANDUM AND ORDER This matter comes before the Court on Defendants' Motion to Stay (Doc. 35). Specifically, Defendants ask the Court to stay this case pending the decision of the Court of Appeals for the Federal Circuit in Stauffer v. Brooks Brothers, Inc., Appeal Nos. 2009-1428, 2009-1430 and 2009-1453. Plaintiffs filed a Response (Doc. 41) in opposition to Defendants' motion. On August 31, 2010, the Stauffer Court issued its opinion, and on October 12, 2010, it issued its mandate. In light of the relief sought by Defendants, (Doc. 35) (Defendants respectfully request that the Court stay this case pending the Federal Circuit's decision in Stauffer) (emphasis added), this development renders Defendants' motion moot. Further, due to the obvious uncertainty, the Court notes it will not wait to see whether the defendant in Stauffer will seek a writ of certiorari and/or whether the Supreme Court would grant such a writ. For the foregoing reasons, the Court DENIES Defendants' Motion to Stay. IT IS SO ORDERED. DATED: October 21, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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