Chau et al v. Aviva Life and Annuity Company

Filing 44

ORDER DENYING DEFENDANTS' MOTION TO DISMISS, GRANTING PLAINTIFFS' MOTION TO AMEND, AND GRANTING DFENDANTS' MOTION TO STAY denied as moot 13 Motion to Dismiss; granting 23 Motion to Stay; granting 32 Motion to Amend/Correct. Signed by Senior Judge Fred Van Sickle. (VR, Case Administrator) [Transferred from Washington Eastern on 12/4/2009.]

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

WING C. CHAU, M.D., et al., No. CV-09-5037-FVS Plaintiffs, v. AVIVA LIFE AND ANNUITY COMPANY, et al., Defendants. ORDER DENYING DEFENDANTS' MOTION TO DISMISS, GRANTING PLAINTIFFS' MOTION TO AMEND, AND GRANTING DEFENDANTS' MOTION TO STAY

THIS MATTER comes before the Court for consideration of three motions. The parties have fully and ably briefed all three motions.

Given the nature of the issues raised by the motions, and given the superior quality of the parties' briefing, the Court has determined oral argument is unnecessary. IT IS HEREBY ORDERED: 1. The plaintiffs' motion to amend (Ct. Rec. 32) is granted. plaintiff shall file the "Second Amended Complaint." 2. The defendants' motion to dismiss (Ct. Rec. 13) is denied as moot with leave to refile. 3. The defendants' motion to stay proceedings (Ct. Rec. 23) is granted. All proceedings in this case are STAYED pending a The

determination by the United States Judicial Panel on Multidistrict Litigation with respect to whether this action should be transferred to the Northern District of Texas. ORDER - 1 The parties are to advise this

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Court when the Panel makes its determination. 4. All hearings scheduled before this Court are stricken. The District Court Executive is hereby

IT IS SO ORDERED.

directed to enter this order and furnish copies to counsel. DATED this 9th day of September, 2009.

s/ Fred Van Sickle Fred Van Sickle Senior United States District Judge

ORDER - 2