Design Basics LLC v. Midwest Homes Inc et al

Filing 14

ORDER signed by Judge Lynn Adelman on 10/14/14 granting 13 Motion to Intervene. (cc: all counsel) (dm)

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

Case No. 13-cv-1300

MIDWEST HOMES INC.,
MIDWEST HOMES REALTY INC.,
and BRIAN MCKEE,
Defendants,
__________________________________
CINCINNATI INSURANCE COMPANY,
Intervening Plaintiff,
v.
DESIGN BASICS LLC,
MIDWEST HOMES INC.,
MIDWEST HOMES REALTY INC.,
and BRIAN MCKEE,
Defendants in Intervention.
_____________________________________________________________________
ORDER
Movant Cincinnati Insurance Company (“Cincinnati”) has filed an unopposed motion
to intervene in this matter. Cincinnati is a general liability insurer for defendants Midwest
Homes Inc. and Midwest Homes Realty Inc. Defendants notified Cincinnati of this lawsuit
and asked Cincinnati to defend them. Cincinnati moves to intervene under Fed. R. Civ. P.
24(a)(2) and Fed. R. Civ. P. 24(b)(1)(B) so it can seek a declaration that its policy does not
require it to defend or indemnify defendants. The motion to intervene in unopposed, and
I conclude that I have supplemental jurisdiction over Cincinnati’s claim under 28 U.S.C. §
1367(a) because the claim is part of the same case or controversy as the other claims in
this action. Therefore, I will grant the motion to intervene.

THEREFORE, IT IS ORDERED that Cincinnati Insurance Company’s Motion to
Intervene (ECF No. 13) is GRANTED.
Dated at Milwaukee, Wisconsin this 14th day of October, 2014.

s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge

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