Baker College et al v. Blue Cross and Blue Shield of Michigan

Filing 12

ORDER granting 10 Motion to Stay. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BAKER COLLEGE, et al.,
Plaintiffs,
Case No. 13-13226

v.
BLUE CROSS AND BLUE SHIELD
OF MICHIGAN,
Defendant.
/

ORDER STAYING THE ACTION
Plaintiffs say their action “involve[s] the same facts, same claims, and same
applicable law” as an action in the court of appeals, Hi-Lex Controls, Inc. v. Blue Cross
Blue Shield of Michigan, 13-1773 (6th Cir.). (Pg ID 134.) They say this, oddly enough,
in a paper opposing Defendant’s motion to stay this action pending an outcome in the
Hi-Lex appeal. Plaintiffs seek to use the district court’s Hi-Lex decision to preclude a
defense of this action on the merits, but they argue too much. Hi-Lex’s importance to
this action is a reason to stay the action, not a reason to proceed with it.
The Hi-Lex appeal can be safely ignored, Plaintiffs argue, because the district
court’s decision will be affirmed based on a recent authority, Pipefitters Local 636
Insurance Fund v. Blue Cross Blue Shield of Michigan, 12-2265 (6th Cir., June 18,
2013). This is just an attempt to litigate the Hi-Lex appeal here. A month ago,
moreover, the Hi-Lex appellees invoked Pipefitters in a motion to expedite the appeal,
so the court of appeals will consider Plaintiffs’ argument shortly.

This action joins more than a dozen others paused by the Hi-Lex appeal. See
Mot. of Appellees to Expedite Appeal at 3-4, Hi-Lex, 13-1773 (6th Cir., Aug. 7, 2013)
(collecting cases). IT IS ORDERED that the motion to stay [Dkt. # 10] is GRANTED
and that the action is STAYED pending the court of appeals’s decision.
Further, Plaintiff’s counsel is DIRECTED to file a notice on the docket of this case
upon the issuance of the mandate by the Court of Appeals in #13-1773.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 11, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 11, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\13-13226.BAKER.Stay.ckb.wpd

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