Smith v. Terminal Railroad Association of St. Louis Pension Plan for Nonschedule Employees

Filing 20

MEMORANDUM AND ORDER OF STAY: IT IS HEREBY ORDERED that plaintiff's motion for summary judgment 14 is denied without prejudice to being refiled as set out above. IT IS FURTHER ORDERED that this case is stayed pending further Order of the Cour t, and the parties shall notify me of decisions issued in the two cases discussed above by filing a joint memorandum attaching a copy of the decision within 10 days of its issuance. Within 10 days of the last decision being issued, the parties shall file a joint motion to lift the stay and propose new briefing and/or scheduling deadlines, if required.. Signed by District Judge Rodney W. Sippel on 9/11/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LINDA SMITH, an individual and ,
administrator of the Estate of Stephen G. Smith,
Plaintiff,
V.
TERMINAL RAILROAD ASSOC. OF
ST. LOUIS PENSION PLAN FOR
NONSCHEDULE EMPLOYEES,
Defendant.

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Case No. 4:13CV2500 RWS

MEMORANDUM AND ORDER OF STAY
This matter is before me on plaintiff’s motion for summary judgment. As explained by
plaintiff in her motion and by counsel during the scheduling conference, plaintiff’s claim is
similar to claims pending before the Honorable Henry E. Autrey in this Court (Case Number
4:11CV1327 HEA, Ingram v. Terminal Railroad Assoc.of St. Louis Pension Plan for
Nonschedule Employees) and before the Southern District of Illinois (Cause Number 4:12-1239
DRH-DGW). For this reason, the Southern District of Illinois has stayed its case pending Judge
Autrey’s ruling in his case. In the interests of judicial economy and uniformity, upon my own
motion I will also stay my case pending a ruling in these prior filed cases. I will deny plaintiff’s
motion without prejudice to being refiled after the two judges in these prior filed cases have
issued their decisions. I would like the parties to inform me within 10 days of a ruling issued in
each of these cases by filing a joint memorandum attaching the decision. Within 10 days of the
last decision being entered, the parties shall file a joint motion to lift the stay and propose new
briefing and/or scheduling deadlines, if required.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for summary judgment [#14] is
denied without prejudice to being refiled as set out above.
IT IS FURTHER ORDERED that this case is stayed pending further Order of the
Court, and the parties shall notify me of decisions issued in the two cases discussed above by
filing a joint memorandum attaching a copy of the decision within 10 days of its issuance.
Within 10 days of the last decision being issued, the parties shall file a joint motion to lift the
stay and propose new briefing and/or scheduling deadlines, if required.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 11th day of September, 2014.

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