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BENDZAK v. MIDLAND NAT. LIFE INS. CO.

No. 4:05-CV-00649.

440 F.Supp.2d 970 (2006)

Mary H. BENDZAK, individually and on behalf of all others similarly situated, Plaintiff, v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Iowa, Central Division.

July 27, 2006.

Attorney(s) appearing for the Case

Steve W. Berman, Hagens Berman Sobol Shapiro LLP, Seattle, WA, Elizabeth A. Fegan, Timothy A. Scott, Hagens Berman Sobol Shapiro LLP, Chicago, IL, J. Barton Goplerud, Michael Mallaney, Hudson Mallaney & Shindler PC, West Des Moines, IA, for Plaintiff.

Randall G. Horstmann, Nyemaster Goode West Hansell & O'Brien, PC, Des Moines, IA, Linda B. Oliver, Robert D. Phillips, Jr., Marshall C. Wallace, Reed Smith LLP, Oakland, CA, for Defendant.

ORDER

PRATT, Chief Judge.

Before the Court is Defendant's Motion to Dismiss or Stay Proceedings and Alternative Motion to Strike Claims Barred by the Statute of Limitations (Clerk's No. 14), filed on March 10, 2006. Plaintiff filed a Resistance (Clerk's No. 24) on April 26, 2006, and Defendant filed a Reply (Clerk's No. 25) on May 3, 2006. The matter is fully submitted.

I. FACTS

Marie H. Bendzak ("Bendzak") filed a Class Action Complaint...

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