Morris v. Humana Health Plan, Inc.

Filing 18

ORDER granting in part 15 defendant's motion for extension of time. In the event relief is sought and granted from the Eighth Circuit Court of Appeals, defendant's time to answer or otherwise respond here or in the Circuit Court is exte nded until December 30, 2011. ORDER denying as moot defendant's motion for stay or to vacate the prior order. An additional reason for denial would be in my view that plaintiff should have an opportunity to proceed in Circuit Court in a timel y manner. A brief period is allowed by this order to file a notice of appeal and seek a delay if the Court of Appeals deems that appropriate. The Clerk's Office was directed to remand this case after a period allowed by me to permit an appeal before removal. That time having expired, the Clerks Office is ORDERED to complete the remand on or before December 16, 2011. Signed on 12/12/11 by District Judge Howard F. Sachs. (Duer, Tina)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
JENISE MORRIS
Plaintiff,
v.
HUMANA HEALTH PLAN, INC.,
Defendant.

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Case No. 11-0542-CV-W-HFS

ORDER
The Clerk’s Office was directed to remand this case after a period allowed by me to permit
an appeal before removal. That time having expired, the Clerk’s Office is directed to complete the
remand on or before December 16, 2011. SO ORDERED.
The motion for stay or to vacate the prior order (ECF doc. 16) is DENIED as moot. An
additional reason for denial would be in my view that plaintiff should have an opportunity to
proceed in Circuit Court in a timely manner. A brief period is allowed by this order to file a notice
of appeal and seek a delay if the Court of Appeals deems that appropriate.
The motion for an extension of time to answer (ECF doc. 15) is GRANTED in part. In the
event relief is sought and granted from the Eighth Circuit Court of Appeals, defendant’s time to
answer or otherwise respond here or in the Circuit Court is extended until December 30, 2011.
/s/ Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
December 12 , 2011
Kansas City, MO