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SMITH v. OSF HEALTHCARE SYSTEM

No. 18-3325.

933 F.3d 859 (2019)

Sheilar SMITH, et al., on behalf of themselves and all others similarly situated and on behalf of the OSF plans, Plaintiffs-Appellants, v. OSF HEALTHCARE SYSTEM, et al., Defendants-Appellees, and United States of America, Intervening-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 2019.

Attorney(s) appearing for the Case

Mary J. Bortscheller , Karen L. Handorf , Scott Michael Lempert , Michelle C. Yau , Attorneys, COHEN MILSTEIN SELLERS & TOLL PLLC, Washington, DC, Laura R. Gerber , Matthew M. Gerend , Lynn Lincoln Sarko , Attorneys, KELLER, ROHRBACK, Seattle, WA, Ron Kilgard , Attorney, KELLER ROHRBACK, L.L.P., Phoenix, AZ, for Plaintiffs-Appellants.

Brian T. Ortelere , Attorney, MORGAN, LEWIS & BOCKIUS LLP, Philadelphia, PA, Hillary August , Attorney, MORGAN, LEWIS & BOCKIUS LLP, Chicago, IL, Michael E. Kenneally , Attorney, MORGAN, LEWIS & BOCKIUS LLP, Washington, DC, for Defendants-Appellees.

Lowell Sturgill, Jr ., Attorney, DEPARTMENT OF JUSTICE, Civil Rights Division, Appellate Section, Washington, DC, for Intervenor.

Mark D. DeBofsky , Attorney, DEBOFSKY SHERMAN CASCIARI REYNOLDS, P.C., Chicago, IL, Karen Ferguson , Attorney, PENSION RIGHTS CENTER, Washington, DC, for Amicus Curiae.

Before Wood, Chief Judge, and Easterbrook and Hamilton, Circuit Judges.

The decisive issue in this appeal is whether the district court abused its discretion in granting summary judgment for defendants despite plaintiff's motion under Federal Rule of Civil Procedure 56(d) to postpone a summary judgment decision so that she could complete further discovery. District courts have considerable discretion...

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