Doe et al v. St Francis School District et al
Filing
113
DECISION AND ORDER Granting Defendant St. Francis School District's and Intervenor-Defendant Community Insurance Corporation's Motions for Summary Judgment 63 68 , and Setting a STATUS CONFERENCE for 11/10/11 at 3:30 PM in Courtroom 222. (cc: all counsel) ((cef), C. N. Clevert, Jr.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
NR DOE, MR DOE,
AR DOE,
Plaintiffs,
v.
Case No. 09-C-0545
ST. FRANCIS SCHOOL DISTRICT,
and KELLY SWEET,
Defendants.
v.
COMMUNITY INSURANCE CORPORATION,
Intervenor Defendant.
DECISION AND ORDER
GRANTING DEFENDANT ST. FRANCIS SCHOOL DISTRICT’S AND INTERVENORDEFENDANT COMMUNITY INSURANCE CORPORATION’S MOTIONS FOR
SUMMARY JUDGMENT (DOCS. 63, 68), AND SETTING STATUS CONFERENCE
This case arises out of a civil suit related to the sexual assault of plaintiff, a minor
student, by defendant Kelly Sweet, a teacher formerly employed by defendant St. Francis
School District. After Community Insurance Corporation (“CIC”) intervened, Sweet crossclaimed CIC for indemnification. The court previously dismissed claims two and four
against all defendants pursuant to a stipulation, and claim seven against CIC only.
Currently pending are two motions for summary judgment filed by St. Francis School
District and CIC for (1) the plaintiffs’ remaining claims against St. Francis and CIC, and (2)
the Sweet indemnification cross-claim against CIC. For the reasons set forth in an
memorandum of law to be issued forthwith, the motions for summary judgment will be
granted and the court will set a status conference. Now, therefore,
IT IS ORDERED that St. Francis School District’s motion for summary judgment
against plaintiffs’ claims three (Title IX) and five (negligent infliction of emotional distress)
is granted. (Doc. 68.)
IT IS FURTHER ORDERED that Community Insurance Corporation’s motion for
summary judgment against Kelly Sweet’s cross-claim is granted. (Doc. 63.)
IT IS FURTHER ORDERED that a status conference is set for November 10, 2011,
at 3:30 p.m. in Courtroom 222.
Dated at Milwaukee, Wisconsin, this 30th day of September, 2011.
BY THE COURT
/s/ C. N. Clevert, Jr.
C. N. CLEVERT, JR.
CHIEF U. S. DISTRICT JUDGE
2
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