Rudnicki v. WPNA 1490 AM, et al

Filing 208

MOTION by Defendants Alliance Communications, Inc., Polish National Alliance of the US of North America, WPNA 1490 AM for judgment (supplemental) (Fitzpatrick, John)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION RAFAL RUDNICKI Plaintiff, v. WPNA 1490 AM, ALLIANCE COMMUNICATIONS, INC., POLISH NATIONAL ALLIANCE OF THE UNITED STATES OF NORTH AMERICA Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Case Number: 04 C 5719 Judge Rebecca Pallmeyer Magistrate Judge Nolan

DEFENDANTS' SUPPLEMENTAL MOTION FOR ENTRY OF FINAL JUDGMENT Defendants Alliance Communications, Inc. ("Alliance") and Polish National Alliance of the United States of North America ("PNA") (collectively "Defendants") submit this supplemental motion for entry of final judgment in favor of the Defendants and against the Plaintiff on each of Plaintiff's claims. On March 8, 2010, the Defendants presented a Motion for Entry of Final Judgment (Dkt 200-201, filed March 4, 2010) in which they outlined why the "Affirmation of Assignment of Rights by Rafal Rudnicki" does not conform to this Court's December 10, 2009 ruling granting summary judgment by assigning or transferring to Plaintiff either RadioZET's copyright infringement claims or any other rights belonging to RadioZET. That Motion remains pending. In support of this Supplemental Motion, Defendants have filed a memorandum in which they ask the Court to strike certain documents filed by the Plaintiff for failure to make the signatories of those documents available for deposition as previously ordered by the Court and to enter final judgment in favor of the Defendants and against the Plaintiff on all of the Plaintiff's claims.

WHEREFORE, Defendants Alliance Communications, Inc. and Polish National Alliance of the United States of North America respectfully request that this Court strike the Affirmation of Assignment of Rights by Rafal Rudnicki and the Affidavits of Ms. Ceran and Ms. Moszczenska for failure to make the signatories of those documents available for deposition, enter final judgment in favor of the Defendants and against the Plaintiff on each of Plaintiff's claims and grant whatever further relief the Court deems proper. Respectfully submitted, ALLIANCE COMMUNICATIONS, INC. AND POLISH NATIONAL ALLIANCE OF THE UNITED STATES OF NORTH AMERICA By: /s/ John D. Fitzpatrick One of their attorneys Steven P. Mandell (ARDC #6183729) John D. Fitzpatrick (ARDC #6277475) Mandell Menkes LLC 333 West Wacker Drive Suite 300 Chicago, Illinois 60606 [phone]

CERTIFICATE OF SERVICE The undersigned, an attorney, certifies that he served the Defendants' Supplemental Motion for Entry of Final Judgment, a Memorandum in Support of the Motion, and a Notice of Motion on: Nancy J. Richter Lukasz R. Cholodecki Gleason Law Group PC 4653 N. Milwaukee Ave. Chicago, Illinois 60630 via the electronic filing system on this 27th day of May 2010. /s/ John D. Fitzpatrick_____________

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