Genesis Specialty Tile & Accessories, LLC et al v. Amerus Life Insurance Company of Iowa et al
Filing
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ORDER signed by Judge Lawrence K. Karlton on 11/23/2011 ORDERING all proceedings in this case are STAYED, and all scheduled dates are VACATED; if this case is not ultimately transferred, the parties shall file requests (or a joint request) for a Status Conference within 2 weeks of the entry of the order denying transfer to Northern District of Texas for Multidistrict Litigation.(Waggoner, D)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GENESIS SPECIALTY TILE &
ACCESSORIES, LLC; ELEFTHERIOS
EFSTRATIS; ELEFTHERIOS D.
EFSTRATIS; PATRICIA E.
EFSTRATIS; JESSICA N.
EFSTRATIS; THOMAS A. JOHNSON;
NORA E. RUNDELL,
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NO. CIV. S-11-2489 LKK/DAD
Plaintiffs,
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v.
O R D E R
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AMERUS LIFE INSURANCE
COMPANY OF IOWA; AVIVA LIFE
AND ANNUITY COMPANY f/k/a
AMERUS LIFE INSURANCE
COMPANY, a corporation;
RAYMOND F. OLMO, an individual,
R.F. OLMO & ASSOCIATES, INC.,
a corporation; MARSHALL
KATZMAN, an individual;
UNITED FINANCIAL GROUP, LTD,
a corporation; DAVID ZUCCOLOTTO;
and DOES 1 through 100,
inclusive,
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Defendants.
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/
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The U.S. Judicial Panel on Multidistrict Litigation (“JPML”)
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has conditionally transferred this case to the U.S. District Court
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for the Northern District of Texas (Boyle, J.). In re Indianapolis
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Life Ins. Co. IRS § 412 and § 419 Plans Life Ins. Marketing
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Litigation, MDL No. 1983 (J.P.M.L. November 10, 2011) (Dkt. No. 1).
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Plaintiff has filed an opposition to the transfer which, if timely
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(as it appears to be), would stay the conditional transfer order.
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See Dkt. No. 39 (November 17, 2011).
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Pursuant to the JPML rules, the conditional JPML transfer
order
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does not affect or suspend orders and pretrial
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proceedings in any pending federal district
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court action and does not limit the pretrial
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jurisdiction of that court.
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J.P.M.L. Rule 2.1(c).
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proceedings in the case in the interests of judicial economy.
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Nichols v. DePuy Orthopaedics, Inc., 2011 WL 5335619 at *3 (N.D.
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Cal.
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proceedings in order to avoid “the needless duplication of work and
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the possibility of inconsistent rulings” that could occur if the
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court ruled on the pending motions, including the remand motion.
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See id.2
November
2,
However, the district court may stay
2011).1
Specifically,
the
court
may
See
stay
The court notes that the JPML created this multidistrict
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See also, Paul v. Aviva Life and Annuity Co., 2009 WL
2244766 (July 27, 2009) (in a case involved in this Multidistrict
Litigation, the court stayed all proceedings to conserve judicial
resources).
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Contra, Stephens v. Kaiser Foundation Health Plan, ___ F.
Supp.2d ___, 2011 WL 3652775 (D. Md. August 18, 2011) (deciding
remand motion that was filed prior to conditional transfer, and
remanding case to state court).
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litigation in 2008,3 and that the transferee court has had the
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opportunity to familiarize itself with the legal issues involved
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in these cases.4
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Accordingly, all proceedings in this case are STAYED, and all
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scheduled dates are VACATED.
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transferred, the parties shall file requests (or a joint request)
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for a Status Conference within two weeks of the entry of the order
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denying the transfer.
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If this case is not ultimately
IT IS SO ORDERED.
DATED: November 23, 2011.
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In re Indianapolis Life Ins. Co. IRS § 412 and § 419 Plans
Life
Ins.
Marketing
Litigation,
581
F.
Supp.2d
1364
(J.P.M.L. 2008).
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See, e.g., Ricupito v. Indianapolis Life Ins. Co., 2011 WL
3820970 (N.D. Tex. August 30, 2011) (Boyle, J.) (summary judgment
motion); and Hildebrandt v. Indianapolis Life Ins. Co., 2009 WL
2870024 (N.D. Tex. September 8, 2009) (Boyle, J.) (dismissal
motion).
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