Filed: Jul. 10, 2013
Latest Update: Jul. 10, 2013
Summary: ORDER GRANTING MOTION STAYING CASES AND ADMINISTRATIVELY CLOSING CASES VICTORIA A. ROBERTS, District Judge. This Court issued Corrected Findings of Fact and Conclusions of Law on May 23, 2013, in Hi-Lex Controls, Inc. v. Blue Cross Blue Shield of Michigan (" Hi-Lex "), Case No: 11-12557. The above-captioned cases involve issues and claims against Defendant which are substantially similar to those in Hi-Lex. In light of the Hi-Lex Order, Defendant Blue Cross Blue Shield of Michigan filed
Summary: ORDER GRANTING MOTION STAYING CASES AND ADMINISTRATIVELY CLOSING CASES VICTORIA A. ROBERTS, District Judge. This Court issued Corrected Findings of Fact and Conclusions of Law on May 23, 2013, in Hi-Lex Controls, Inc. v. Blue Cross Blue Shield of Michigan (" Hi-Lex "), Case No: 11-12557. The above-captioned cases involve issues and claims against Defendant which are substantially similar to those in Hi-Lex. In light of the Hi-Lex Order, Defendant Blue Cross Blue Shield of Michigan filed ..
More
ORDER GRANTING MOTION STAYING CASES AND ADMINISTRATIVELY CLOSING CASES
VICTORIA A. ROBERTS, District Judge.
This Court issued Corrected Findings of Fact and Conclusions of Law on May 23, 2013, in Hi-Lex Controls, Inc. v. Blue Cross Blue Shield of Michigan ("Hi-Lex"), Case No: 11-12557. The above-captioned cases involve issues and claims against Defendant which are substantially similar to those in Hi-Lex. In light of the Hi-Lex Order, Defendant Blue Cross Blue Shield of Michigan filed motions in these cases, seeking stays pending an appeal in Hi-Lex. (Borroughs #242; Flexfab #32; American Seating #28; Great Lakes #24; Star #23; Magna #24; Eagle Alloy #26; Whitehall #25; Morbark #23; Adrian Steel #26). Plaintiffs responded.
On May 31, 2013, the Court conditionally granted Defendant's motion in Borroughs Corporation v. Blue Cross Blue Shield of Michigan, Case No. 12-565, requiring counsel to meet, confer, and attempt to agree on triable issues, assuming the Hi-Lex Findings and Conclusions are affirmed by the Sixth Circuit. On July 1, 2013, the parties filed a notice with their positions on a stay and triable issues. There is no agreement.
The Court exercises its discretion to promote judicial economy, see Landis v. North American. Co., 299 U.S. 248, 254 (1936), and GRANTS Defendant's motions, recognizing that the issues on appeal in Hi-Lex will substantially affect the outcome of these cases. Those issues summarily include the statute of limitations analysis and the potential misleading nature of the contractual documents between the parties, which are almost identical to those in Hi-Lex.
The Court will administratively close these cases. Any party can file a motion to reopen at the appropriate time.
IT IS ORDERED.