Thelen, Inc. et al v. Blue Cross and Blue Shield of Michigan

Filing 11

ORDER granting 9 MOTION to Stay Pending Appeal and STAYING CASE. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

THELEN, INC. and THELEN, INC.
FLEXIBLE BENEFITS PLAN,
Plaintiffs,

Case No. 13-11833
Honorable Thomas L. Ludington

v.
BLUE CROSS AND BLUE SHIELD
OF MICHIGAN
Defendant.
_______________________________/
ORDER GRANTING DEFENDANT’S MOTION TO STAY PROCEEDINGS
The legal issues in this case are similar, if not identical, to those recently litigated in HiLex Controls, Inc. v. Blue Cross Blue Shield of Mich., No. 11-CV-12557 (E.D. Mich. 2013)
(Roberts, J.). In that case, Defendant has filed a notice of appeal concerning the judgment issued
against it on May 23, 2013. See ECF Nos. 245, 250. A ruling on that appeal may govern the
outcome of the instant case. The Court will therefore stay this case until the appeal in Hi-Lex is
decided. Defendant shall notify the Court when the court of appeals issues its decision.
Accordingly, it is ORDERED that Defendant’s motion to stay, ECF No. 9, is
GRANTED.
It is further ORDERED that this case is STAYED until such time as the Sixth Circuit
Court of Appeals issues its ruling in Hi-Lex.
Dated: June 14, 2013

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon each attorney or party of record
herein by electronic means or first class U.S. mail on June
14, 2013.
s/Tracy A. Jacobs
TRACY A. JACOBS