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

Filing 591

Transmission of Cross Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 589 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MARY HALEY et al.,
Plaintiffs,
vs.
KOLBE & KOLBE MILLWORK CO.,
INC. et al.,
Defendant,
Case No. 14-cv-99
and
FIREMAN’S FUND INSURANCE
COMPANY and UNITED STATES FIRE
INSURANCE COMPANY, et al.
Intervenors.

UNITED STATES FIRE INSURANCE COMPANY’S
NOTICE OF CROSS-APPEAL
U.S. Fire Insurance Company (“U.S. Fire”) notifies the Court and counsel that U.S. Fire
cross-appeals to the United States Court of Appeals for the Seventh Circuit the ruling in this
action denying U.S. Fire’s reimbursement of defense costs contained in the District Court’s
August 25, 2016 Opinion and Order and August 28, 2016 final judgment (ECF Nos. 567, 568).
U.S. Fire further notifies the Court and counsel that U.S. Fire cross-appeals to the United
States Court of Appeals for the Seventh Circuit to reinstate U.S. Fire’s challenge to the
reasonableness of Kolbe’s defense costs. The District Court deemed this issue “premature to
resolve” in its April 1, 2016 Opinion and Order (ECF No. 213) and did not resolve the issue in

its August 25, 2016 Opinion and Order and August 28, 2016 final judgment (ECF Nos. 567,
568).
Kolbe filed a Notice of Appeal of the District Court’s August 25, 2016 Opinion and
Order and August 28, 2016 final judgment (ECF Nos. 567, 568) on September 28, 2016.
Dated: October 11, 2016

Respectfully submitted,
SHOOK, HARDY & BACON L.L.P.

By: /s/ David E. Schoenfeld
David E. Schoenfeld
Riley C. Mendoza
SHOOK, HARDY & BACON L.L.P.
111 South Wacker Drive
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: 312.558.1195
[e-mail]
[e-mail]

Attorneys for Intervenor United States Fire
Insurance Company

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