Natl Jockey Club v. Ganassi, et al

Filing 317

MOTION by Defendants Chip Ganassi Group, L.L.C.,, Floyd Chip Ganassi for judgment Renewed Rule 50(a) Motion for Judgment as a Matter of Law (Lewis, Keely)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NATIONAL JOCKEY CLUB, an Illinois corporation, Plaintiff, v. FLOYD "CHIP" GANASSI and CHIP GANASSI GROUP, LLC, a limited liability company, Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 04 C 3743 Hon. Judge Manning

DEFENDANTS' RENEWED RULE 50(a) MOTION FOR JUDGMENT AS A MATTER OF LAW Defendants, FLOYD "CHIP" GANASSI and CHIP GANASSI GROUP, LLC ("Defendants") hereby request this Honorable Court to renew and grant their Motion for Judgment as a Matter of Law pursuant to Fed. R. Civ. P. 50(a). 1. chief. On December 11, 2009, Plaintiff rested its case-inDefendants then promptly filed with the Court a Motion

for Judgment as a Matter of Law as to Count I of Plaintiff's Complaint ("Motion") (Document No. 306). 2. to The Court granted Plaintiff an opportunity to respond Motion in writing, which Plaintiff did on

Defendants'

December 15, 2009 (Document No. 309). 3. which Defendants proceeded with their case-in-chief, after Plaintiff proceeded with its rebuttal case. Both

Plaintiff

and

Defendants

rested

their

respective

cases

on

December 16, 2009. 4. Accordingly, Defendants hereby renew their Motion for

Judgment as a Matter of law, Document No. 306, which is fully incorporated herein by reference. WHEREFORE, Defendants, FLOYD "CHIP" GANASSI and CHIP

GANASSI GROUP, LLC, respectfully request this Honorable Court to enter judgment as a matter of law in their favor and against Plaintiff as to Count I of Plaintiff's Complaint.

Respectfully submitted, By: /s Keely Lewis Wise______ One of the Attorneys for Defendants, FLOYD "CHIP" GANASSI AND CHIP GANASSI GROUP, LLC

DATE:

December 17, 2009

Brian W. Bell, #160431 Keely Lewis Wise, #6280469 Alfred K. Murray II, #6297264 SWANSON, MARTIN & BELL, LLP 330 North Wabash Avenue - Suite 3300 Chicago, Illinois 60611 [phone]