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Labor: Fair Standards | Wisconsin Eastern
Interim Settlement Report
Interim Settlement Report from David M. Potteiger . (Potteiger, David)
Insurance | Wisconsin Western
Text Only Order
** TEXT ONLY ORDER **This is an insurance dispute about hail damage. Plaintiffs move for partial summary judgment, but the motion is deficient in two respects. First, plaintiffs did not submit proposed findings of fact as required by this court's summary judgment procedures. See Dkt 14 attachments. Plaintiffs must review those procedures and supplement their motion accordingly. Second, plaintiffs have not submitted evidence establishing subject matter jurisdiction. Plaintiffs alleged diverse citizenship in their amended complaint, but at the summary judgment stage, the proponent of jurisdiction must prove jurisdiction with admissible evidence. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990). Defendant did not admit plaintiffs' allegations of citizenship in its answer, so plaintiffs must submit evidence with their summary judgment motion. The parties may file a stipulation on jurisdiction, so long as the stipulation lays out all the relevant facts about the citizenship of the parties. Prizevoits v. Indiana Bell Telephone Co., 76 F.3d 132, 134 (7th Cir. 1996). So briefing on plaintiffs' summary judgment motion is stayed. Plaintiffs may have until August 17 to correct the defects in their motion. If plaintiffs do not respond by then, I will deny the motion and dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 8/10/2026. (lam)
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