Advance Cable Company, LLC et al v. The Cincinnati Insurance Company

Filing 185

Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 181 Notice of Appeal, (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Order, # 4 Judgment, # 5 Docket Sheet) (lak)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
ADVANCE CABLE COMPANY, LLC, and
PINEHURST COMMERCIAL INVESTMENTS, LLC,

)
)
)
Plaintiffs,
)
) Case No.:
3:13-CV-00229
v.
)
)
THE CINCINNATI INSURANCE COMPANY,
)
)
Defendant.
)
______________________________________________________________________________
DOCKETING STATEMENT OF DEFENDANT/APPELLANT
CINCINNATI INSURANCE COMPANY
______________________________________________________________________________

Defendant/Appellant, Cincinnati Insurance Company, submits herewith its Docketing
Statement in accordance with Circuit Rule 28(a) and Fed. R. App. P. 28(a)(4).
I.

DISTRICT COURT JURISDICTION.
The District Court obtained jurisdiction in this matter by the plaintiffs filing a complaint

pursuant to 28 U.S.C. §1332(a)(1) on the basis of complete diversity of citizenship between the
plaintiffs and the defendant, and on the basis that that the amount in controversy exceeded
$75,000 exclusive of interest and costs.
The Plaintiffs, Advance Cable Company, LLC (“Advance Cable”) and Pinehurst
Commercial Investments, LLC (“Pinehurst”), are limited liability companies organized and
existing under the laws of the state of Wisconsin with their principal places of business located in
Middleton, Wisconsin. The sole member of both Advance Cable and Pinehurst is Michael G.
Larson. Mr. Larson is a citizen of the state of Wisconsin who resides in Middleton, Wisconsin.
Defendant Cincinnati Insurance Company (“Cincinnati”) is a corporation organized and existing
under the laws of the state of Ohio with its principal place of business located in Fairfield, Ohio.

II.

APPELLATE JURISDICTION.
Appellate jurisdiction is based on 28 U.S.C. § 1291, this being an appeal from a final

judgment of the United States District Court for the Western District of Wisconsin. The district
court entered the final judgment appealed from on July 15, 2014 which is a final judgment that
disposes of all parties’ claims (“the Final Judgment”). The district court entered the order for
judgment upon which judgment was entered on July 15, 2014. Defendant Cincinnati filed the
Notice of Appeal from the Final Judgment on July 22, 2014.
The attorneys representing defendant Cincinnati in this matter on the appeal will be Mark
W. Rattan and Stephanie L. Dykeman of the law firm Litchfield Cavo, LLP. The attorney of
record on the appeal will be Mark W. Rattan. Litchfield Cavo’s office is located at 13400
Bishop’s Lane, Suite 290, Brookfield, WI, 53005-6237. Attorney Rattan’s telephone number is
262-784-8966, and attorney Dykeman’s telephone number is 262-784-8931.
The plaintiffs, Advance Cable and Pinehurst, are represented by Charles D. Schmidt and
Anthony K. Murdock of the law firm Halloin & Murdock, S.C., whose offices are located at 839
North Jefferson Street, Suite 503, Milwaukee, WI 53202. The telephone number for the Halloin
& Murdock, S.C. firm is 414-732-2424.

Dated this 22nd day of July, 2014.

s/Mark W. Rattan
Counsel of Record for
Cincinnati Insurance Company
Litchfield Cavo, LLP
13400 Bishops Lane, Suite 290
Brookfield, Wisconsin 53211-6237
Phone: [phone]
Fax: [phone]
E mail: [e-mail]
Wis. State Bar No. 1016320

s/Stephanie L. Dykeman
Additional Counsel for
Cincinnati Insurance Company
Litchfield Cavo, LLP
13400 Bishops Lane, Suite 290
Brookfield, Wisconsin 53211-6237
Phone: [phone]
Fax: [phone]
E mail: [e-mail]
Wis. State Bar No. 1035857

CERTIFICATE OF SERVICE
I hereby certify that on July 22, 2014, I electronically filed the following with the Clerk
of the Court using the ECF system and that the foregoing is available on the ECF system for
viewing and downloading.
DOCKETING
STATEMENT
INSURANCE COMPANY

OF

DEFENDANT/APPELLANT

CINCINNATI

The ECF system will send a notice of electronic filing to the following attorneys for
plaintiffs:
Charles D. Schmidt
Anthony K. Murdock
Attorney for Advance Cable Company, LLC &
Pinehurst Commercial Investments, LLC
Halloin & Murdock, S.C.
839 North Jefferson Street, Suite 503
Milwaukee, Wisconsin 53202
Phone: [phone]
Fax:
[phone]
E mail Murdock: [e-mail]
E mail Schmidt: [e-mail]

Dated this 22nd day of July, 2014.
s/Mark W. Rattan
Counsel of Record for
Cincinnati Insurance Company
Litchfield Cavo, LLP
13400 Bishops Lane, Suite 290
Brookfield, Wisconsin 53211-6237
Phone: [phone]
Fax: [phone]
E mail: [e-mail]