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Erlandson v. ConocoPhillips Co.

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


November 10, 2010

JAMES P. ERLANDSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
CONOCOPHILLIPS COMPANY AND BURLINGTON RESOURCES INC., DEFENDANTS.

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

ORDER

Before the Court is a Joint Motion to Stay Proceedings Pending Ruling by the Seventh Circuit Court of Appeals and to Amend the Scheduling Order (Doc. 66) filed by both Defendants and Plaintiff. Specifically, the parties seek to stay proceedings in this matter while Plaintiff's Petition for Permission to Appeal Under Rule 23(f) remains pending in the Seventh Circuit Court of Appeals. Currently, Plaintiff has filed a motion seeking permission to appeal this Court's Order denying class certification. The parties seek to stay proceedings as they believe it is essential that the issue of class certification be resolved prior to the completion of merits discovery, dispositive motion filings, and trial. Based on the reasons set forth in the motion, the Court GRANTS the parties' Joint Motion to Stay (Doc. 66). The Court finds that it would be imprudent at this stage of the litigation to proceed further in this matter until the resolution of Plaintiff's appeal petition.*fn1 Accordingly, the Court STAYS this matter pending resolution of the petition for permission to appeal currently pending before the Seventh Circuit. The Court will also thereafter enter an amended Scheduling Order setting forth new deadlines for the completion of discovery and dispositive motions, as well as a new presumptive trial month. Thus, the Court also FINDS Defendants Motion for Extension of Time for Dispositive Motions Deadline MOOT (Doc. 57).

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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