Brown et al v. Cassens Transport Company et al

Filing 145

ORDER denying as moot 141 Motion to Stay and Dismissing Case. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAUL BROWN, WILLIAM FANALY,
CHARLES THOMAS, GARY RIGGS,
ROBERT ORLIKOWSKI, and SCOTT WAY,
Plaintiffs,
Case No. 04-cv-72316
v.
Paul D. Borman
United States District Judge
CASSENS TRANSPORT COMPANY,
CRAWFORD & COMPANY, foreign
corporations, and DR. SAUL MARGULES,
Defendants.
________________________________________/
ORDER (1) DENYING AS MOOT MOTION OF DEFENDANT CASSENS TRANSPORT
COMPANY TO STAY PROCEEDINGS (ECF NO. 141) AND (2) DISMISSING CASE
On May 7, 2013, Defendant Cassens Transport Company filed a Motion to Stay Proceedings
in this case pending the issuance of an opinion by the en banc court of the United States Court of
Appeals for the Sixth Circuit in Jackson v. Sedgwick Claims Mgt. Servs., Sixth Circuit Case No. 101453. (ECF No. 141, Motion to Stay.) The Sixth Circuit issued its en banc decision in Jackson on
September 24, 2013, Jackson v. Sedgwick Claims Mgt. Servs., Inc., 731 F.3d 556 (6th Cir. 2013),
expressly overruling the Sixth Circuit panel opinion in Brown v. Cassens Transport Co., 675 F.3d
946 (6th Cir. 2012), in which the Sixth Circuit reversed this Court’s opinion dismissing Plaintiffs’
claims in this case, Brown v. Cassens Transport Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010). The
mandate issued in Jackson on October 16, 2013. Accordingly, Cassens’s motion for a stay pending
the outcome of the en banc opinion in Jackson is denied as MOOT.
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The Sixth Circuit’s en banc opinion in Jackson, expressly overruling the Sixth Circuit’s
panel opinion in Brown, leaves this Court’s September 27, 2010 ruling, granting Cassens’s motions
to dismiss and for summary judgment, as the operative opinion in this case. Accordingly, the case
is DISMISSED.
IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: December 11, 2013

CERTIFICATE 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 December 11, 2013.

s/Deborah Tofil
Case Manager

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