IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 2, 2006
LARRY WHEELER, DAVID KEETON, MARAL KEETON AND VINCENT PARISI, INDIVIDUALLY AND ON BEHALF OF THOSE SIMILARLY SITUATED, PLAINTIFFS,
THE PENSION VALUE PLAN FOR EMPLOYEES OF THE BOEING COMPANY AND MCDONNELL DOUGLAS CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Herndon, District Judge
MEMORANDUM and ORDER
Pending before the Court is Plaintiffs' motion to stay count II (Doc. 17). Specifically, Plaintiffs move the Court to stay Count II of their complaint pending a ruling from the United States Supreme Court on a petition for a writ of certiorari in the case of Cooper v. IBM Personal Pension Plain, 436 F.3d 636 (7th Cir. 2006).*fn1 Plaintiffs allege in Count II of their complaint that the case balance formula violates ERISA § 204(b)(1)(H) for the same reason that the IBM Plan allegedly violated ERISA § 204(b)(1)(H). Defendants oppose the motion.
Plaintiffs advise the Court that the plaintiffs in Cooperare preparing a a petition for writ of certiorari in the United States Supreme Court. Thus, the Court finds that a stay of Count II of Plaintiffs' complaint in this matter is appropriate. The Court GRANTS the motion to stay and STAYS Count II of Plaintiffs' complaint pending the appeal of the Seventh Circuit's decision in Cooper. The parties shall advise the Court, via written notice, once the United States Supreme Court acts on the Cooperplaintiffs' petition for writ of certiorari.
IT IS SO ORDERED.
David R Herndon United States District Judge