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GOMEZ v. ST. VINCENT HEALTH, INC.

Case No. 1:08-cv-0153-DFH-DML.

622 F.Supp.2d 710 (2008)

Blanca GOMEZ and Joan Wagner-Barnett, on behalf of themselves and all others similarly situated, Plaintiffs, v. ST. VINCENT HEALTH, INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

December 16, 2008.

Attorney(s) appearing for the Case

Ronald E. Weldy, Weldy & Associates, Indianapolis, IN, for Plaintiffs.

Craig M. Williams, John Patrick Ryan, Robin M. Lybolt, Hall Render Killian Heath & Lyman, Indianapolis, IN, for Defendant.

ENTRY ON DEFENDANT'S MOTION FOR PARTIAL DISMISSAL

DAVID F. HAMILTON, District Judge.

Introduction

This case presents a controversial issue regarding the tolling of statutes of limitations while putative and ultimately unsuccessful class actions are pending. It is well established that a statute of limitations is tolled for an individual claim. Several circuits have held that a statute is not tolled for purposes of a second effort to pursue...

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