No. 04-1207

File Name: 05a0545n.06

Filed: June 24, 2005

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT LINDA GILBERT, et al.,

Plaintiffs-Appellants,

ORDER

v. JOHN D. FERRY, JR., et al.,

Defendants-Appellees. ________________________________/

BEFORE: BOGGS, Chief Circuit Judge; KENNEDY and MARTIN, Circuit Judges.

Plaintiffs have filed a motion to suspend the rules, expedite the appeal filed in Fieger v. Ferry, No. 05-1295, consolidate that case with the instant appeal, vacate the district court judgment in that case and the panel decision in Gilbert v. Ferry, No. 04-1207, remand both cases to the district court for reconsideration in light of Exxon Mobil Corporation v. Saudi Basic Industries Corporation, 544 U.S. _____, March 30, 2005, and remand both cases with instructions to re-open discovery so Plaintiffs- Appellants may produce evidence that one or more of the exceptions to Younger abstention apply to Gilbert and Fieger.

The motion to consolidate the appeal filed in Fieger with the instant appeal and to remand the consolidated cases is denied in light of our decision this day in Gilbert.

The motions to remand Fieger for further discovery and to expedite the appeal are denied without prejudice and may be raised before the panel assigned to that appeal.

ENTERED BY ORDER OF THE COURT

___________________________________

Leonard Green, Clerk