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Beesley v. International Paper Co.

April 3, 2008

PAT BEESLEY, ET AL., AS REPRESENTATIVE OF A CLASS OF SIMILARLY SITUATED PERSONS, AND ON BEHALF OF THE INTERNATIONAL PAPER COMPANY SALARIED AND HOURLY SAVINGS PLANS, PLAINTIFFS,
v.
INTERNATIONAL PAPER COMPANY, ET AL., DEFENDANTS.



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

ORDER

Now before the Court is Plaintiffs' Motion to Lift Stay of Plaintiffs' Motion for Class Certification. (Doc. 130.) On August 24, 2007, the Court sua sponte entered a stay on Plaintiff's Motion for Class Certification pending the outcome of an appeal to the Seventh Circuit in the case of Lively v. Dynegy, Inc. No. 05-CV-00063-MJR, 2007 WL 685861 (S.D.Ill. Mar. 2, 2007). The Court believed that it would be imprudent to proceed on the motion for class certification in this case until after the Seventh Circuit had had an opportunity to address the issues in Lively, which the Court believed would impact this Court's findings in the present case. Plaintiffs have now informed the Court that the parties in Lively have agreed to settle the matter prior to the appeal being resolved by the Seventh Circuit.

Defendants respond that they do not oppose lifting the stay so long as it is not used as a basis for extending the current April 8, 2008 discovery deadline. Therefore, the Court GRANTS Plaintiffs' motion to lift stay (Doc. 130) and LIFTS THE STAY on Plaintiff's Motion for Class Certification.

IT IS SO ORDERED.

DavidRHerndon Chief Judge United States District Court

20080403

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