December 19, 2013
AMANDA SCIOLLA, et al., Plaintiffs,
WEST BEND MUTUAL INSURANCE CO., Defendant.
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 18th day of December, 2013, for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED as follows:
(1) Defendant's Motion for Summary Judgment (ECF No. 30) is DENIED;
(2) Plaintiff's Motion for Summary Judgment (ECF No. 31) is GRANTED; and
(3) Defendant has a duty to defend Buckeye Donkey Ball L.L.C. ("Buckeye") in the underlying matter of Hopkins, et al. v. Buckeye Donkey Ball L.L.C., No. 11-377, and, if liability is established, to indemnify Buckeye.
AND IT IS SO ORDERED.