Wiedenbeck, Harry et al v. Cinergy Health, Inc. et al

Filing 102

ORDER granting 99 Motion to Stay Pending Outcome of Petition for Appeal from Order Denying Class Certification by Plaintiffs Harry R. Wiedenbeck, Rhonda L. Wiedenbeck. All pending deadlines, including the trial date, are STRUCK. Signed by District Judge William M. Conley on 10/15/2013. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

HARRY R. WIEDENBECK and RHONDA
L. WIEDENBECK, on behalf of
themselves and all others who are similarly
situated,
Plaintiffs,

ORDER

v.

l 2-cv-508-wmc
CINERGY HEALTH, INC., AMERICAN
MEDICAL AND LIFE INSURANCE
COMPANY, and NATIONAL CONGRESS
OF EMPLOYERS, INC.,
Defendants.

Plaintiffs Harry R. Wiedenbeck and Rhonda L. Wiedenbeck seek a stay pending
the outcome of plaintiffs' petition for interlocutory appeal of this court's denial of
plaintiffs' motion for class certification pursuant to Fed. R. Civ. P. 23(f). (Dkt. #99.)
Defendants American Medical and Life Insurance Company and National Congress of
Employers, Inc., filed letters to the court indicating that they do not oppose the stay.
(Dkt. ## 100, 101.) 1

While the court believes, as described in its opinion denying

certification, that this case does not meet the requirements under Rule 23, the court is
persuaded that a stay is appropriate in light of plaintiffs' representation that "[i]t would
be prohibitively expensive for the individual plaintiffs to continue this litigation on the
uncertain hope that the 7th Circuit would eventually reverse this Court following trial on

1

Defendant Cinergy Health, Inc. did not file a response, and therefore the court assumes
Cinergy also does not oppose a stay.

the merits."

(Pis.' Mot. (dkt. #99) 3.) Accordingly, the court will grant plaintiffs'

motion and will strike all deadlines, including the trial date, pending the Seventh
Circuit's decision on plaintiffs' Rule 23(f) petition.

ORDER
IT IS ORDERED that plaintiffs' Harry R. Wiedenbeck and Rhonda L.
Wiedenbeck motion to stay proceedings pending outcome of petition for appeal (dkt.
#99) is GRANTED. All pending deadlines, including the trial date, are STRUCK.
Entered this /S"%ay of October, 2013.
BY THE COURT:

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