Opinion
Case No. 04-cv-72316
12-11-2013
PAUL BROWN, WILLIAM FANALY, CHARLES THOMAS, GARY RIGGS, ROBERT ORLIKOWSKI, and SCOTT WAY, Plaintiffs, v. CASSENS TRANSPORT COMPANY, CRAWFORD & COMPANY, foreign corporations, and DR. SAUL MARGULES, Defendants.
Paul D. Borman
United States District Judge
ORDER (1) DENYING AS MOOT MOTION OF DEFENDANT CASSENS TRANSPORT
COMPANY TO STAY PROCEEDINGS (ECF NO. 141) AND (2) DISMISSING CASE
On May 7, 2013, Defendant Cassens Transport Company filed a Motion to Stay Proceedings in this case pending the issuance of an opinion by the en banc court of the United States Court of Appeals for the Sixth Circuit in Jackson v. Sedgwick Claims Mgt. Servs., Sixth Circuit Case No. 10-1453. (ECF No. 141, Motion to Stay.) The Sixth Circuit issued its en banc decision in Jackson on September 24, 2013, Jackson v. Sedgwick Claims Mgt. Servs., Inc., 731 F.3d 556 (6th Cir. 2013), expressly overruling the Sixth Circuit panel opinion in Brown v. Cassens Transport Co., 675 F.3d 946 (6th Cir. 2012), in which the Sixth Circuit reversed this Court's opinion dismissing Plaintiffs' claims in this case, Brown v. Cassens Transport Co., 743 F. Supp. 2d 651 (E.D. Mich. 2010). The mandate issued in Jackson on October 16, 2013. Accordingly, Cassens's motion for a stay pending the outcome of the en banc opinion in Jackson is denied as MOOT.
The Sixth Circuit's en banc opinion in Jackson, expressly overruling the Sixth Circuit's panel opinion in Brown, leaves this Court's September 27, 2010 ruling, granting Cassens's motions to dismiss and for summary judgment, as the operative opinion in this case. Accordingly, the case is DISMISSED. IT IS SO ORDERED.
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PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on December 11, 2013.
Deborah Tofil
Case Manager