Design Basics LLC v. Campbellsport Building Supply Inc et al

Filing 17

ORDER signed by Judge Rudolph T, Randa on 9/17/2013 GRANTING 10 Wilson Mutual's Motion to Intervene. Wilson Mutual to provide the Court with phone number where counsel can be reached for 9/25/2013 telephonic scheduling conference call; parties to confer regarding impact of Wilson Mutual's intervention and, if necessary, file amended joint Rule 26(f) report by 9/24/2013 at noon. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DESIGN BASIC, LLC
Plaintiff,
v.

Case No. 13-C-560

CAMPBELLSPORT BUILDING SUPPLY INC.,
BERLIN BUILDING SUPPLY, INC.,
KIEL BUILDING SUPPLY INC.,
DREXEL, INC.,
DREXEL BUILDING SUPPLY, INC.,
JOEL M. FLEISCHMAN, a/k/a
JOEL C. FLEISCHMAN, and
ALBERT J. FLEISCHMAN,
Defendants,
and
WILSON MUTUAL INSURANCE COMPANY,
Proposed Intervenor Defendant-Counterclaimant.

DECISION AND ORDER

Proposed Intervenor Defendant and Counterclaimant Wilson Mutual
Insurance Company (“Wilson Mutual”) filed a motion seeking leave to intervene in
this action pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure. (ECF
No. 10.) Wilson Mutual, which issued insurance policies at various times relevant to
the Complaint to Defendants Campbellsport Building Supply Inc.; Berlin Building
Supply, Inc.; Kiel Building Supply Inc.; Drexel, Inc.; and Drexel Building Supply,

Inc., requests permission to intervene in this action so that this Court may determine
whether and to what extent it has a duty to defend or indemnify the insured
defendants.
The time has passed for any party to file a response to the motion. See Civil
L.R. 7(b) (E.D. Wis.) Moreover, the Court is satisfied that Wilson Mutual meets the
criteria for intervention as of right under Rule 24(a)(2). Therefore, the motion to
intervene is granted.
Since Wilson Mutual is now a party and has filed its answer, counterclaim
and cross-claim (ECF No. 14),1 it will be included in the September 25, 2013,
telephonic scheduling conference set for 10:30 a.m. (CST), which will be initiated by
the Court. Wilson Mutual should provide the Court with a telephone number where
counsel can be reached for that call, and the parties should confer regarding the
impact, if any, of Wilson Mutual’s intervention in this action on the matters set forth
in the joint Rule 26(f) report (ECF No. 16), and, if necessary, file an amended joint
Rule 26(f) report no later September 24, 2013, at 12:00 p.m.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Wilson Mutual’s motion to intervene (ECF No. 10) is GRANTED; and
The parties are directed to confer regarding the impact, if any, of Wilson

1

Wilson Mutual was not a party to this action until the entry of this Decision and Order.
Therefore, Civil Local Rule 7(i) applied and Wilson Mutual should have attached its proposed answer
and counterclaim to its motion to intervene, rather than filing the document separately.

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Mutual’s intervention in this action on the matters set forth in the joint Rule 26(f)
report and, if necessary, file an amended joint Rule 26(f) report no later September
24, 2013, at 12:00 p.m.
Dated at Milwaukee, Wisconsin, this 17th day of September, 2013.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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