Sullivan, Amy v. Flora, Inc. et al

Filing 352

ORDER denying 349 Motion for Finding of Contempt. Signed by District Judge William M. Conley on 2/11/2020. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
AMY LEE SULLIVAN,

v.

Plaintiff,

ORDER
15-cv-298-wmc

FLORA, INC.,
Defendant.

The court is in receipt of plaintiff Amy Sullivan’s motion for contempt, seeking a finding
that defendant and its counsel is in contempt of court for failing to file a surety bond as required
by a court order, or if the bond exists, for failing to respond to demands for payment under the
bond “for that portion of the Plaintiff’s judgment not reversed on appeal[.]” (Dkt. #349.) To
obtain a stay of execution of the judgment pending appeal, defendant obtained a bond and
filed proof of such bond as directed by the court. (Dkt. #333-1.) On appeal, however, the
Seventh Circuit vacated the judgment entered by this court (dkt. #335), relieving defendant
of any obligation to pay any amount. While this court has since rejected any attempt by
defendant to relitigate the jury’s award of $350,000 in damages for unjust enrichment on
remand from the Seventh Circuit’s judgment (12/20/19 Order (dkt. #342) 6-7), plaintiff
neither sought nor has the court entered a partial judgment under Federal Rule of Civil
Procedure 54(b) as to this award. Accordingly, plaintiff’s motion is DENIED, although without
prejudice to plaintiff seeking entry of a motion for partial judgment as to her unjust enrichment
claim and monetary damages flowing from it, assuming she can demonstrate that there is no
just reason for delay on entry of partial judgment on that claim.
Entered this 11th day of February, 2020.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge