STATE OF WISCONSIN

CIRCUIT COURT

MILWAUKEE COUNTY

Robert L. Habush, Daniel A. Rottier, Habush Habush & Rottier S.C.,
Plaintiffs,
vs.

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Case No. 09-CV-018149 onorable Charles F. Kahn, Jr.

William M. Cannon, Patrick O. Dunphy, Cannon & Dunphy S.c.,
Defendants.

ORDER

The above motion to dismiss having come before the Court for initial hearing on March 10, and for hearing on reconsideration on May 25, 2010, and the motion for jury trial having come before the Court for hearing on May 25, 2010, and the Court having reviewed the briefs and other materials and arguments from counsel for the parties;

NOW, THEREFORE, IT IS HEREBY ORDERED:
With regard to Defendants' motion to dismiss, it is granted in part as to Plaintiff 1. Habush, Habush & Rottier S.C., for the reasons stated at the March 10, 2010 hearing, and the claim of Habush, Habush & Rottier S.c. as currently pled is hereby dismissed on the merits.
.

With regard to Defendants' motion to dismiss, it is denied in part as to the claims 2. of the individual Plaintiffs Robert L. Habush and Daniel Rottier, for the reasons stated on the record at the March 10, 2010 hearing, and likewise denied on the Defendants' motion for reconsideration for the reasons stated on the record at the May 25, 2010 hearing. Among other determinations made by the Court at the hearings on the motion to dismiss and the motion for reconsideration, as reflected in the transcripts of those hearings, the Court has determined that to prove their claims the Plaintiffs must show that the invasion of privacy under subsection 2(b) of
Wis. Stat. sec. 995.50 is an unreasonable invasion of privacy.
3. in this case.

With regard to Defendants'

request for

a

jury trial, there

is no right to

a

jury trial

This matter will be set for a trial to the Court and in the exercise 4. the matter also will be tried with an advisory jury. discretion
5.

of the court's

mend their complaint without further order of the Court until

June 15,2010.

MILW_1 0092672. 1

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Dated this
_

day of

,2010.

BY THE COURT

Honorable Charles F. Kahn, Jr. Circuit Judge

2
MILW_10092672.1