Opinion
Civil Action No. 04-cv-02174-WYD-CBS.
February 24, 2006
ORDER
THIS MATTER is before the Court on Defendant American Family's Motion to Reconsider its Motion to Stay Under the First-to-File Rule or Transfer Under 28 U.S.C. § 1404, filed January 20, 2006 (the "Motion for Reconsideration"). On December 21, 2005, this Court denied Defendant's Motion to Stay Under the First-to-File Rule or Transfer Under 28 U.S.C. § 1404 without prejudice (the "Motion to Stay"). At the time Defendant filed its Motion for Reconsideration, Plaintiffs had filed a Motion for Transfer and Coordination And/Or Consolidation Pursuant to 28 U.S.C. § 1407 with the Judicial Panel on Multidistrict Litigation (the "Petition"), requesting that Schultz v. American Family Mut. Ins. Co., No. 04-C-5512 (N.D. Ill. 2004), a case pending before the United States District Court in the Northern District of Illinois, be consolidated with this case. Defendants requested reconsideration of the Motion to Stay in the event the MDL panel transferred this action to the Northern District of Illinois, or if the MDL panel concluded that the Petition is premature. The MDL panel recently issued an order granting Plaintiff's Petition and consolidating the Schultz case with the present action. Therefore, it is hereby
ORDERED that American Family's Motion to Reconsider its Motion to Stay Under the First-to-File Rule or Transfer Under 28 U.S.C. § 1404, filed January 20, 2006, is DENIED.