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

Filing 134

ORDER granting 133 Motion to Stay Briefing on Pending Summary Judgment Motions. The briefing schedule on the pending motions is STAYED. On or before 3/20/2014, the parties shall file either (a) a notice of voluntary dismissal of all claims, or (b) a notice of voluntary dismissal of all claims by plaintiffs, American Medical and Life Insurance Company (AMLI) and National Congress of Employers, Inc. (NCE), a motion by plaintiffs for voluntary dismissal of claims against Cinergy, and a motion by AMLI and NCE to dismiss Cinergy's cross-claim for contribution and/or indemnification as moot. Signed by District Judge William M. Conley on 3/6/2014. (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,
v.

ORDER
12-cv-508-wmc

CINERGY HEALTH, INC., AMERICAN
MEDICAL AND LIFE INSURANCE
COMPANY, and NATIONAL CONGRESS
OF EMPLOYERS, INC.,
Defendants.
The court is in receipt of a notice of settlement by defendant American Medical
and Life Insurance Co. (“AMLI”), informing the court that plaintiffs have reached an
agreement with defendants AMLI and National Congress of Employers, Inc. (“NCE”) to
resolve all of plaintiffs’ claims against all defendants. (Dkt. #133.) In the letter, counsel
for AMLI requests that the court stay briefing on the pending summary judgment
motions for two weeks to allow AMLI and NCE the opportunity to determine whether
defendant Cinergy consents to the dismissal of its cross-claims against the other two
defendants. (Cinergy is currently without counsel.) That request is GRANTED. The
briefing schedule on the pending motions (dkt. ##123-125) is STAYED.
Consistent with AMLI’s proposal, on or before March 20, 2014, the parties shall
file either (a) a notice of voluntary dismissal of all claims, or (b) a notice of voluntary
dismissal of all claims by plaintiffs, AMLI and NCE, a motion by plaintiffs for voluntary

dismissal as to its claims against Cinergy, and a motion by AMLI and NCE to dismiss
Cinergy’s cross-claim for contribution and/or indemnification (dkt. #36) as moot.
Entered this 6th day of March, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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