Tomlinson v. Combined Underwriters Life Insurance Company et al, No. 4:2008cv00259 - Document 179 (N.D. Okla. 2009)

Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; accepting in part 177 Motion to Stay (jcm, Dpty Clk)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA TERRI TOMLINSON, Plaintiff, vs. Case No. 08-CV-259-TCK-FHM COMBINED UNDERWRITERS LIFE INSURANCE COMPANY, et al., Defendants. OPINION AND ORDER Plaintiff s Motion to Stay Determination of Actuarial Management Resources Motion and Supplement for Attorney Fees [Dkt. 177] is before the undersigned United States Magistrate Judge. The date for Plaintiff s response to Actuarial Management Resources (AMR s) Motion for Attorney Fees, [Dkt. 147], and Supplement [Dkt. 167] was set for July 1, 2009. [Dkt. 175]. Contemporaneously with the filing of the instant motion, Plaintiff has filed a motion to compel compliance with the subpoenas Plaintiff served on the law firms that provided the legal services for which attorney fees are sought. [Dkt. 176]. That motion indicates that the law firms have resisted providing unredacted billing statements on a claim of privilege. Plaintiff asserts that without the unredacted billing statements, she is unable to make a meaningful response to the motion for fees. The court finds that it is reasonable to hold Plaintiff s response to the motion for fees in abeyance until the motion to compel is resolved. Therefore, Plaintiff is relieved from filing a response to Actuarial Management Resources (AMR s) Motion for Attorney Fees, [Dkt. 147], and Supplement [Dkt. 167] until the Court resolves her Motion to Compel Compliance with Subpoenas [Dkt. 176]. Plaintiff also requests that any decision on the motion for attorney fees be stayed until the entire case is resolved. A decision on that aspect of Plaintiff s motion to stay must await full briefing by the parties. Plaintiff s Motion to Stay Determination of Actuarial Management Resources Motion and Supplement for Attorney Fees [Dkt. 177] is GRANTED in part. SO ORDERED this 2nd day of July, 2009. 2

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