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

Filing 602

ORDER vacating 568 Judgment entered in favor of intervenor defendants United States Fire Insurance Company and Fireman's Fund Insurance Company. Defendant Kolbe & Kolbe Millwork Co., Inc. and the intervenor defendants shall have until October 20, 2017 to file any motions related to attorney fees and costs in this case. Signed by District Judge Barbara B. Crabb on 9/18/2017. (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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pursuant to the mandate issued by the Court of Appeals for the Seventh Circuit on
September 15, 2017, dkt. #601, I am vacating the judgment entered on August 25, 2016,
in which I granted the renewed motion for summary judgment filed by intervenor defendant
United States Fire Insurance Company, dkt. #531; granted the court’s own motion for

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summary judgment with respect to intervenor Fireman’s Fund Insurance Company; and
declared that neither intervenor defendant had a duty to defend defendant Kolbe & Kolbe
Millwork Co., Inc. in this case. Dkt. #568. Because I anticipate that defendant and the
intervenor defendants may wish to raise issues related to attorney fees and costs as a result
of this ruling, I will give them until October 20, 2017 to file any such motions.

ORDER
IT IS ORDERED that
1. The August 25, 2016 judgment entered in favor of intervenor defendants United
States Fire Insurance Company and Fireman’s Fund Insurance Company, dkt. #568, is
VACATED.
2. Defendant Kolbe & Kolbe Millwork Co., Inc. and the intervenor defendants shall
have until October 20, 2017 to file any motions related to attorney fees and costs in this
case.
Entered this 18th day of September, 2017.
BY THE COURT:
/s/
____________________
BARBARA B. CRABB
District Judge

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