LAW OFFICES OF THOMAS MORE HOLLAND ATTORNEY FOR PLAINTIFF

By: THOMAS MORE HOLLAND

IDENTIFICATION NO.: 43517

GRACE HALL

1522 LOCUST STREET

PHILADELPHIA, PA 19102

(215) 592-8080

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RYAN KNIBBS §

Plaintiff, § CIVIL ACTION

§

§

 v. § NO.: 05-CV-4739

§

CIGNA CORPORATION (CIGNA), et al. §

Defendants. §

ORDER

And now this day of , 2005 based upon the motion of Defendants and

Plaintiff’s reply the instant proceedings are STAYED and the parties, by agreement,

are ORDERED to arbitrate Plaintiff’s claims. 

 

J.

Case 2:05-cv-04739-LDD Document 6 Filed 11/02/05 Page 1 of 5
LAW OFFICES OF THOMAS MORE HOLLAND ATTORNEY FOR PLAINTIFF

By: THOMAS MORE HOLLAND

IDENTIFICATION NO.: 43517

GRACE HALL

1522 LOCUST STREET

PHILADELPHIA, PA 19102

(215) 592-8080

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RYAN KNIBBS §

Plaintiff, § CIVIL ACTION

§

§

 v. § NO.: 05-CV-4739

§

CIGNA CORPORATION (CIGNA), et al. §

Defendants. §

PLAINTIFF’S RESPONSE TO THE MOTION TO STAY JUDICIAL

PROCEEDINGS AND PERMIT ARBITRATION

Plaintiff opposes the motion only with respect to the request for counsel fees

from Defendants and that arbitration be compelled. Counsel of record previously

discussed the intention of the parties to proceed with the arbitration program and to

stay this action.

There is no need to request the court to compel that which has been agreed. The

parties merely seek the acquiescence of the Court to execute an order similar to the

proposed order contained herein. 

Respectfully Submitted,

 Thomas More Holland /s/ 

THOMAS MORE HOLLAND,

Attorney for Plaintiff

DATED: November 2, 2005

Case 2:05-cv-04739-LDD Document 6 Filed 11/02/05 Page 2 of 5
LAW OFFICES OF THOMAS MORE HOLLAND ATTORNEY FOR PLAINTIFF

By: THOMAS MORE HOLLAND

IDENTIFICATION NO.: 43517

GRACE HALL

1522 LOCUST STREET

PHILADELPHIA, PA 19102

(215) 592-8080

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RYAN KNIBBS §

Plaintiff, § CIVIL ACTION

§

§

 v. § NO.: 05-CV-4739

§

CIGNA CORPORATION (CIGNA), et al. §

Defendants. §

BRIEF IN SUPPORT OF THE JOINT MOTION TO STAY JUDICIAL

PROCEEDINGS 

Plaintiff has engaged the Law Office of Thomas More Holland to represent

his interests. During the course of time that the counsel for Defendants characterized

seven unreturned phone calls, this three lawyer office has had a substantial change of

personnel. Moreover, on November 1, 2005 counsel for Plaintiff submitted via

facsimile, proposed changes to the consent motion to stay judicial proceedings and

allow for arbitration. Appended hereto as Exhibit “A”. The instant motion was not

necessary. Notwithstanding the incapability of counsel for Plaintiffs to reply sooner,

Defendants should have presented an unopposed motion to stay judicial proceedings

and allow for arbitration. 

Littler Mendelson a national leader in employment and labor issues

misallocated considerable resources in presenting its motion to the Court. Littler

Mendelson’s justification of requiring its client to devote financial resources to the

Case 2:05-cv-04739-LDD Document 6 Filed 11/02/05 Page 3 of 5
preparation of such a motion is separate and distinct from requesting the allocation of

judicial resources to resolve an issue that is not in dispute. 

A simple call to chambers for a brief extension of time would have sufficed.

Hopefully the Court conserved some precious judicial resources by reading this

response before the motion to arrive at the conclusion that there is no dispute to be

resolved. 

Defendants have to audacity to request that costs be imposed against the

Plaintiff in the amount of $500.00. It is respectfully requested that the request for

counsel fees by Defendants should be denied and dismissed. 

Respectfully Submitted,

Thomas More Holland /s/ 

THOMAS MORE HOLLAND,

Attorney for Plaintiff

DATED: November 2, 2005

Case 2:05-cv-04739-LDD Document 6 Filed 11/02/05 Page 4 of 5
PROOF OF SERVICE

I hereby certify that a true and correct copy ofthe foregoing Plaintiff’s Response

to the Motion to Stay Judicial Proceedings and Permit Arbitration was served upon

the following parties by pacer on November 2, 2005:

Bradley E. Strawn, Esquire

Littler Mendelson

The National Employment & 

Labor Law Firm

Three Parkway, 1601 Cherry Street

Suite 1400

Philadelphia, PA 19102-1321

The Honorable Legrome D. Davis

U.S. Courthouse, 601 Market Street

Room 5918

Philadelphia, PA 19106

November 2, 2005 Thomas More Holland /s/ 

DATE THOMAS MORE HOLLAND

Attorney for Plaintiff 

Case 2:05-cv-04739-LDD Document 6 Filed 11/02/05 Page 5 of 5