l NOTE: This order is nonprecedential.

United States Court of AppeaIs for the Federal Circuit LINCOLN NATIONAL LIFE INSURANCE COMPANY, Plain,tiff-Appellee, V. TRANSAMERICA LIFE INSURANCE CO_MPANY, WESTERN RESERVE LIFE ASSURANCE CO. OF OHIO, and TRANSAMERICA FINANCIAL LIFE INSURANCE COMPANY, Defendants-Appellcmts. _ 2010-1257 Appea1 from the United States District Court for the Northern District of lowe in 06-CV-011O, Judge Mark W.

Bennett.

ON MOTION ORDER Transamerica life Insurance Company et a1. (Trans- america) submits a response pursuant to the court’s July 15, 2010 order and moves the court to continue the stay of briefing in this appeal until either Lincoln Nationa1 Life LlNCOLN NATL V. TRANSAMERICA LIFE 2 Insurance Company informs the court and Transamerica that it does not intend to petition the United States Supreme Court for certiorari or the Supreme Court rules on Linco1n’s petition in Lincoln Nat’l Life Ins. Co. v. Transamerico Life In,s. Co., 2009-1403, -1491 Trans- america states that Lincoln consents Transamerica states that the present appeal concerns enforcement of a permanent injunction entered against Transamerica, and that in Lincoln Nat'l Life Ins. Co. v. Ti‘ansamerica Life Ins. Co., 2009-1403, -1491, the under- lying injunction was vacated. On July 15, 2010 this court stayed proceedings in this appeal pending issuance of the mandate in Lincoln Nat’l Life Ins. Co. v. Tro:nsamerica Life Ins. Co., 2009-1403, -1491. The mandate in that appeal issued on SepteInber 24, 2010. Transamerica states that the vacatur of the permanent injunction in lincoln Nat'l Life Ins. Co. v. Transamerica'Life Ins. Co., 2009-1403, -1491 moots this appeal but that it wishes to preserve its right to prosecute this appeal in the event that Lincoln files a certiorari petition. Under these circumstances, the court agrees that a stay is warranted According1y, lT lS ORDERED THATZ The motion is granted. Transamerica is directed to file a status report every 60 days concerning whether a certiorari petition has been filed and, if so, the status of any petition. Linco1n may also file status reports within that time.

LlNCOLN NATL V. TRANSAMERICA LIFE NOV 1 8 2010 cc: D. Randall Brown, Esq.

Steven M. Bauer, Esq.

S Date FoR THE CoUR'r /s/ J an I'lorbaly J an Horbaly Clerk FILED U.S. COURT 0F APPEAlS FOR THE FEDERAL ClRCUIT N(JV 1 8201U JAN HORBAL¥ _.

CLERK