Opinion
No. 2:12-cv-14614-RHC-MJH
04-24-2013
WESCO INSURANCE COMPANY, Plaintiff/Counter-Defendant, v. PATRICK J. BRUETSCH, BRUETSCH & ASSOCIATES, and PATRICK J. BRUETSCH & ASSOCIATES, Defendants/Counter-Plaintiffs, and LAWRENCE D. KORN, Defendant.
Rostyslaw J. Smyk (Ill. Bar No. 6255495) Ruberry, Stalmack & Garvey, LLC and Kevin T. Kennedy (P 40672) Blake, Kirchner Symonds, Larson, Kennedy & Smith, P.C. PATRICK J. BRUETSCH, BRUETSCH & ASSOCIATES, and PATRICK J. BRUETSCH & ASSOCIATES Patrick J. Bruetsch (P28050) Bruetsch & Associates
STIPULATION OF WITHDRAWAL OF PENDING MOTIONS FOR SUMMARY
JUDGMENT WITHOUT PREJUDICE
NOW COME the Parties to the above-captioned action, Plaintiff/Counter-Defendant WESCO INSURANCE COMPANY ("Wesco"), and Defendants/Counter-Plaintiffs PATRICK J. BRUETSCH, BRUETSCH & ASSOCIATES and PATRICK J. BRUETSCH & ASSOCIATES (collectively the "Bruetsch Parties"), by and through their respective counsel, and hereby STIPULATE and AGREE as follows:
(1) That the Bruetsch Parties' pending Motion for Partial Summary Judgment and the Exhibit filed therewith (Docket Entry No. 17) are hereby WITHDRAWN;
(2) That Wesco's Brief in Response and Opposition to the Bruetsch Parties' Cross-Motion for Summary Judgment (Docket Entry No. 20) is hereby WITHDRAWN;
(3) That Wesco's Cross Motion for Summary Judgment and Wesco's Brief in Support thereof and the Exhibits filed therewith (Docket Entry No. 21) are hereby WITHDRAWN:
(4) That aforesaid withdrawals are without prejudice and made with a request to the Court for leave to re-file in accordance with the Federal Rules of Civil Procedure, the Local Rules of this Court, and this Court's Scheduling Order entered in this matter on April 8, 2013.
Respectfully submitted,
WESCO INSURANCE COMPANY
By: _______________
Rostyslaw J. Smyk (Ill. Bar No. 6255495)
Ruberry, Stalmack & Garvey, LLC
and
Kevin T. Kennedy (P 40672)
Blake, Kirchner Symonds, Larson,
Kennedy & Smith, P.C.
PATRICK J. BRUETSCH, BRUETSCH &
ASSOCIATES, and PATRICK J. BRUETSCH &
ASSOCIATES
By: _______________
Patrick J. Bruetsch (P28050)
Bruetsch & Associates
CERTIFICATE OF SERVICE
I hereby certify that on April 19, 2013, a copy of the foregoing Stipulation of Withdrawal of Pending Motions for Summary Judgment Without Prejudice along with a Proposed Order was submitted to the Court in MS Word format via the Utilities function of the Court's ECF Filing System. I hereby further certify that on April 19, 2013, I served all counsel of record with a copy of the foregoing Stipulation and the Proposed Order in MS Word format via e-mail.
_______________
Rostyslaw J. Smyk (IL Bar No. 6255495)
Co-Counsel for Plaintiff
WESCO INSURANCE COMPANY, Plaintiff/Counter-Defendant,
v.
PATRICK J. BRUETSCH, BRUETSCH & ASSOCIATES,
and PATRICK J. BRUETSCH & ASSOCIATES, Defendants/Counter-Plaintiffs,
and
LAWRENCE D. KORN, Defendant.
No. 2:12-cv-14614-RHC-MJH
STIPULATED ORDER REGARDING WITHDRAWAL OF PENDING MOTIONS FOR
SUMMARY JUDGMENT WITHOUT PREJUDICE
This Court having considered the Plaintiff/Counter-Defendant WESCO INSURANCE COMPANY'S and Defendants/Counter-Plaintiffs' PATRICK J. BRUETSCH, BRUETSCH & ASSOCIATES and PATRICK J. BRUETSCH & ASSOCIATES (collectively the "Bruetsch Parties") Stipulation of Withdrawal of Pending Motions for Summary Judgment without Prejudice, and for good cause shown the Court ORDERS as follows:
(1) The Bruetsch Parties' pending Motion for Partial Summary Judgment and the Exhibit filed therewith (Docket Entry No. 17) are hereby DEEMED WITHDRAWN without prejudice;
(2) Wesco's Brief in Response and Opposition to the Bruetsch Parties' Cross-Motion for Summary Judgment (Docket Entry No. 20) is hereby DEEMED WITHDRAWN without prejudice;
(3) Wesco's Cross Motion for Summary Judgment and Wesco's Brief in Support thereof and the Exhibits filed therewith (Docket Entry No. 21) are hereby DEEMED WITHDRAWN without prejudice:
(4) All Parties to this action are GRANTED LEAVE to re-file or file a Motion for Summary Judgment in accordance with the Federal Rules of Civil Procedure, the Local Rules of this Court, and this Court's Scheduling Order entered in this matter on April 8, 2013.
_______________
Robert H. Cleland
United States District Judge