Trade Well International v. United Central Bank
Filing
49
ORDER granting in part and denying in part 43 Motion for Extension of Time to move all damaged equipment and to compel defendant to pay for moving and storing all damaged equipment. Signed by District Judge William M. Conley on 1/3/14. (krj)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TRADE WELL INTERNATIONAL,
Plaintiff,
OPINION & ORDER
v.
12-cv-701-wmc
UNITED CENTRAL BANK,
Defendant.
The court is in receipt of plaintiff Trade Well International’s Motion to Extend the
Time to Move All Damaged Equipment and to Compel Defendant to Pay for Moving and
Storing All Damaged Equipment (dkt. #43), as well as defendant United Central Bank’s
objections (dkt. #48). In the motion, plaintiff represents that some of the equipment to be
moved is so infested with mold that the moving and warehouse companies it has contacted
thus are unwilling to allow it in their trucks or warehouses. Based on that representation,
the court will extend plaintiff’s deadline to clear its equipment out of defendant’s hotel by
21 days, to Friday, January 24, 2014.
No further extensions of this deadline will be
granted. Should plaintiff leave any of its property in the hotel after that date, it will be
deemed abandoned, consistent with this court’s order of December 4, 2013 (dkt. #36).
Plaintiff also requests that the court compel defendant to pay for moving and storing
the property and, apparently, that it order defendant to be responsible for finding a
company willing to do so. The court will deny that request. As the court explained at the
last hearing, plaintiff has a clear choice: (1) it can determine that the damaged property
retains enough value to justify the costs of moving, storing and treating it; or (2) it can
abandon the property, recognizing that defendant may then argue that it failed to mitigate
its damages. If the damaged equipment is as mildew infested as plaintiff now represents, it
would seem defendant will not have much of a mitigation defense (at least as to
abandonment), though plaintiff may want to better document its condition before
abandoning it.
ORDER
IT IS ORDERED that plaintiff Trade Well International’s Motion to Extend the
Time to Move All Damaged Equipment and to Compel Defendant to Pay for Moving and
Storing All Damaged Equipment (dkt. #43) is GRANTED IN PART and DENIED IN
PART, consistent with the opinion above.
Entered this 3rd day of January, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge
2
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