Haley, Mary et al v. Kolbe and Kolbe Millwork Co., Inc. et al

Filing 554

ORDER granting 546 , 553 Motion for Entry of Judgment under Rule 54(b). Signed by District Judge Barbara B. Crabb on 7/8/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MARY HALEY and MICHAEL HALEY,
LESLIE BANKS and JAMES HAL BANKS,
ANNIE BUINEWICZ and BRIAN BUINEWICZ,
TERRANCE McIVER AND JEAN ANN McIVER,
SUSAN SENYK, CHRISTIAN SENYK,
GARY SAMUELS, PATRICIA GROOME,
MATTHEW DELLER, RENEE DELLER
and MARIE LOHR, on behalf of themselves and
all others similarly situated,
ORDER
Plaintiff,
14-cv-99-bbc
v.
KOLBE & KOLBE MILLWORK CO., INC.,
Defendant,
and
FIREMAN’S FUND INSURANCE COMPANY
and UNITED STATES FIRE INSURANCE COMPANY,
Intervenor Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated June 7, 2016, dkt. #544, I concluded that defendant is entitled to
summary judgment on all of plaintiff’s claims. However, because claims regarding the
intervening insurance companies’ duty to defend and indemnify were pending, the clerk of
court did not enter judgment. Now both plaintiffs and defendant have moved for entry of

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judgment with respect to plaintiff’s claims, in accordance with Fed. R. Civ. P. 54(b). Dkt.
#546 and dkt. #553. Because I agree with the parties that the merits of plaintiffs’ claims
are sufficiently distinct from the insurance issues to allow separate appeals and there is no
just reason for delaying the entry of judgment on plaintiffs’ claims, I am granting the parties’
motions. E.g., Eberts v. Goderstad, 569 F.3d 757, 760 (7th Cir. 2009) (considering separate
appeal of insurance coverage issues after Rule 54(b) judgment was entereed);
Curtis-Universal, Inc. v. Sheboygan Emergency Medical Services, Inc., 43 F.3d 1119, 1121
(7th Cir. 1994) (same).

ORDER
IT IS ORDERED that the parties’ motions to enter partial judgment under Fed. R.
Civ. P. 54(b), dkt. ##546 and 553, are GRANTED. The clerk of court is directed to enter
judgment in favor defendant Kolbe & Kolbe Millwork Co., Inc. on all of plaintiffs’ claims.
Entered this 8th day of July, 2016.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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