Gulf Underwriters Insurance Company v. Burris et al

Filing 31

ORDER granting in part and denying in part 16 Motion for Default Judgment. (Written Opinion). Signed by Judge John R. Tunheim on December 18, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

GULF UNDERWRITERS INSURANCE COMPANY, Plaintiff, v. LOWELL P. BURRIS, JOYCE P. BURRIS, VERSA PRODUCTS, INC., G AND L PRODUCTS, INC. AND MENARD, INC., Defendants.

Civil No. 08-1292 (JRT/JJK)

ORDER

Thomas Gilligan, Jr. and Nicholas O'Connell, MURNANE BRANDT, PA, 30 East Seventh Street, Suite 3200, St. Paul, MN 55101, for plaintiff. Dennis Letourneau, DENNIS R. LETOURNEAU & ASSOCIATES, PA, 1660 South Highway 100, Suite 500, St. Louis Park, MN 55416, for Defendants Lowell and Joyce Burris. Robert McCollum, MCCOLLUM CROWLEY MOSCHET & MILLER, LTD, 7900 Xerxes Avenue South, Suite 700, Minneapolis, MN 55431, for Defendant Menard, Inc.

This matter came before the Court on December 11, 2009, on Plaintiff's motion for default judgment against Defendants Lowell P. Burris, Joyce P. Burris, Versa Products, Inc., and G and L Products, Inc. The Court, having reviewed the memoranda submitted by the parties, as well as the affidavits, pleadings, arguments and proceedings herein, hereby makes the following: IT IS HEREBY ORDERED:

1.

That Plaintiff's motion for default judgment is hereby GRANTED with

respect to Defendants Versa Products, Inc. and G and L Products, Inc. 2. That Plaintiff's motion for default judgment is hereby DENIED with

respect to Defendants Lowell P. Burris and Joyce P. Burris. 3. That the related products liability action, Burris, et al. v. Versa Products,

Inc., et al., Case No. 07-3938, is STAYED pending resolution of this insurance coverage action. 4. That the parties shall serve and file summary judgment motions by May 1,

2010, which shall be scheduled to be heard pursuant to the Local Rules. LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 18, 2009 at Minneapolis, Minnesota

s/ John R. Tunheim JOHN R. TUNHEIM United States District Judge