Richard Stogsdill et al v. Sebelius et al

Filing 158

ORDER denying 155 MOTION for Certification to Appeal Claims of Richard Stogsdill to the Court of Appeals for the Fourth Circuit. Signed by Honorable Joseph F. Anderson, Jr. on 12/31/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Richard Stogsdill, Nancy Stogsdill, Mother of
Richard Stogsdill, Robert Levin, and Mary Self,
Mother of Robert Levin,

C/A No. 3:12-cv-0007-JFA

Plaintiffs,
vs.

ORDER

Anthony Keck and the South Carolina
Department of Health and Human Services,
Defendants.

This matter is before the Court on Plaintiff Richard Stogsdill’s (“Stogsdill”) Motion for
Certification to Appeal Claims to Fourth Circuit. (ECF No. 155). In the motion, Stogsdill requests
entry of an order allowing him to appeal this Court’s decision on his motion for summary judgment.
(ECF No. 131). After careful consideration of this matter and review of the motion, the Court is
constrained to deny the motion.
This case was instituted by Plaintiffs as a joint lawsuit. Despite the fact that this case is not
designated as a class action, the causes of action alleged by the Plaintiffs are identical. As such, the
Court believes any determination of specific issues as they relate to Plaintiff Robert Levin (“Levin”)
may also have some bearing upon the claims made by Stogsdill. Furthermore, as Levin’ claims are
slated to be heard by this Court during the February 2015 term of Court, a delay in appeal does not
work a hardship on Stogsdill.

Given these circumstances, the Court finds that any appeal of

1

Stogsdill’s claims is most appropriately brought in conjunction with any possible appeal of Levin’s
claims.
For the foregoing reasons, Stogsdill’s Motion for Certification to Appeal Claims to Fourth
Circuit is hereby DENIED.

IT IS SO ORDERED.
December 3 , 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

2