Fairmont Specialty Insurance Co v. 1039012 Ontario Inc et al

Filing 57

OPINION AND ORDER REFERRING CASE to Magistrate Judge Roger B Cosbey. The case shall be referred to Magistrate Judge Roger Cosbey for an in-person settlement conference. Magistrate Judge Cosbey will issue a separate order setting a time and date for that conference.Signed by Judge William C Lee on 11/2/11. (kjp) Dkt text modified on 11/3/2011 (kjp).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
FAIRMONT SPECIALTY INSURANCE
COMPANY,

)
)
)
Plaintiff,
)
)
v.
) Cause No. 2:10 CV 070
)
1039012 ONTARIO, INC, d/b/a HUMMER )
TRANSPORTATION, LTD., KIMBERLY )
SPOA-HARTY, AND JESSE HARTY,
)
)
Defendants.
)
____________________________________/
KIMBERLY SPOA-HARTY AND JESSE )
HARTY,
)
)
Counter-claimants
)
)
v.
)
)
FAIRMONT SPECIALTY INSURANCE )
COMPANY
)
)
Counter-Defendant
)

OPINION AND ORDER
Before the court is Counter-Claimants’ Kimberly Spoa-Harty and Jesse Harty’s Motion for
Summary Judgment as to Damages and Prejudgment Interest, which this court took under
advisement in its Opinion and Order dated August 19, 2011 [DE 53]. The parties were directed to
file additional briefs setting forth their respective positions as to the amount of damages and the
propriety of awarding prejudgment interest. The Court also strongly encouraged the parties to
attempt settlement of the remaining issues. The parties have now filed their respective briefs as

ordered but it has been represented in that briefing that they have not engaged in any settlement
negotiations as encouraged.

Therefore, the Harty’s Motion for Summary Judgment as to

prejudgment interest shall remain under advisement. The case shall be referred to Magistrate Judge
Roger Cosbey for an in-person settlement conference. Magistrate Judge Cosbey will issue a separate
order setting a time and date for that conference.
SO ORDERED. This 2nd day of November, 2011
s/ William C. Lee
United States District Court