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Chamberlain v. US Bancorp Cash Balance Retirement Plan

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 29, 2006

EILEEN CHAMBERLAIN, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFF,
v.
US BANCORP CASH BALANCE RETIREMENT PLAN, AND MERCANTILE BANK CASH BALANCE RETIREMENT PLAN, DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Now before the Court is a status report submitted by Plaintiff requesting that this matter continue to be stayed. (Doc. 50.) On January 5, 2006, this Court entered an order to stay this matter pending the Seventh Circuit's decision in Cooper v. IBM Personal Pension Plan, No. 99-829-GPM. (Doc. 49.) On August 7, 2006, the Seventh Circuit issued an opinion reversing the district court; however, Plaintiff advises this Court that the plaintiffs in Cooper v. IBM Personal Pension Plan will be filing a petition for rehearing en banc in that case. Therefore, the Court GRANTS Plaintiff's request and CONTINUES THE STAY of this matter until all appeals have been exhausted in the case of Cooper v. IBM Personal Pension Plan or until further order of the Court should the Court find reason to terminate the stay before a decision of the United States Supreme Court. The parties shall advise the Court, via written notice, when all appeals in Cooper have been exhausted in the event the stay is still in place at bar.

IT IS SO ORDERED.

David RHerndon United States District Judge

20060829

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