Phoenix Bond & Indemnity Co. et al v. Bridge et al

Filing 869

MOTION by Defendants Arlene Atlas, Joshua Atlas, Judith Berger, HBZ, Inc., Lori Levinson, Sabre Group LLC, Movant Marshall Atlas for judgment The Salta and HBZ Defendants' Renewed Joint Motion For Judgment as a Matter of Law (Papadopoulos, Athanasios)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BCS SERVICES, INC., and
PHOENIX BOND & INDEMNITY, CO.,
Plaintiffs,
v.
HEARTWOOD 88, INC., et al.,

Case No. 07 cv 1367
Consolidated with Case No. 05 cv 4095
Judge Matthew F. Kennelly

Defendants.

THE SALTA AND HBZ DEFENDANTS’ RENEWED JOINT
MOTION FOR JUDGMENT AS A MATTER OF LAW
Defendants, Salta Group, Inc. (“Salta”), Marshall Atlas (together with Salta, the “Salta
Defendants”), HBZ, Inc. (“HBZ”), Joshua Atlas, Arlene Atlas, Lori Levinson and Judith Berger
(together with HBZ, Joshua Atlas, Arlene Atlas and Lori Levinson, the “HBZ Defendants”),
hereby renew their Fed. R. Civ. P. 50(a) motion for judgment as a matter of law on Counts III,
IV and VII of the Third Amended Complaint (dkt. no. 861).

In addition, the Salta/HBZ

Defendants adopt and incorporate herein by reference those arguments that apply equally to the
claims asserted against the Salta/HBZ Defendants that were advanced in: (1) Motion Pursuant to
Fed. R. Civ. P. 50 Submitted on Behalf of the BG Defendants (dkt. no. 861); (2) Motion of
Wheeler-Dealer Ltd. and Timothy Gray for Judgment as a Matter of Law (dkt. no. 859); (3) The
Sass Defendants’ Memorandum of Law in Support of Their Motion for Judgment as a Matter of
Law (dkt. no. 858); and (4) The Sass Defendants’ Renewed and Supplemental Motion for
Judgment as a Matter of Law (dkt. no. 867).

October 31, 2011

Respectfully submitted,
HBZ, INC., ARLENE ATLAS, JOSHUA ATLAS,
LORI LEVINSON and JUDITH BERGER
By:

/s/ Athanasios Papadopoulos
One of their attorneys

Michael D. Sher (ARDC #2580519)
Athanasios Papadopoulos (ARDC #6278188)
NEAL, GERBER & EISENBERG LLP
Two North LaSalle Street, Suite 2200
Chicago, IL 60602-3801
[phone]
MARSHALL ATLAS
By:

/s/ Edward M. Genson
One of his attorneys

Edward M. Genson
GENSON & GILLESPIE
53 W. Jackson Blvd., Suite 1420
Chicago, IL 60604
[phone]
MARSHALL ATLAS and SALTA GROUP, INC.
By:

/s/ Elisha S. Rosenblum
One of their attorneys

Elisha S. Rosenblum
O’HALLORAN, KOSOFF, GEITNER & COOK
LLC
650 Dundee Road, Suite 475
Northbrook, IL 60062
[phone]

2

CERTIFICATE OF SERVICE
I hereby certify that on October 31, 2011, I electronically filed the foregoing The Salta
and HBZ Defendants’ Renewed Joint Motion for Judgment as a Matter of Law with the
Clerk of Court using the CM/ECF system, which shall send notification to all parties of record
by operation of the Court’s electronic filing system.

/s/ Athanasios Papadopoulos

NGEDOCS: 1850924.1