Sanders v. Mid-City Salon Resources, Inc.

Filing 290

MOTION by Defendant Mid-City Salon Resources, Inc. for judgment as a Matter of Law (Pearlman, Steven)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GLORIA COBBS, et al. Plaintiffs, v. MID CITY SALON RESOURCES, LLC Defendant. ) ) ) ) ) ) ) ) )

Case No. 06 C 3971 Hon. Judge Lefkow

DEFENDANT MID CITY SALON RESOURCES, LLC'S MOTION FOR ENTRY OF JUDGMENT AS A MATTER OF LAW Defendant Mid City Salon Resources, LLC ("Mid City"), by and through its attorneys, Seyfarth Shaw LLP, moves at the close of Plaintiffs Gloria Cobbs' and Christine Tuzzolino's (collectively, "Plaintiffs") case, pursuant to Federal Rule of Civil Procedure 50(a)(1), for the entry of judgment in Mid City's favor on all claims asserted by Plaintiffs as a matter of law. 1. Rule 50(a)(1) provides:

If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may: (A) resolve the issue against the party; and (B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. 2. Plaintiffs bear the burden of proof as to their claims against Mid City. But

Plaintiffs have rested their case without presenting a "legally sufficient evidentiary basis for a reasonable jury" to find in their favor on any of their claims.

3.

Accordingly, and as set forth in greater detail in Mid City's supporting

Memorandum of Law, the Court should enter judgment as a matter of law in Mid City's favor on all of Plaintiffs' claims. WHEREFORE, Mid City respectfully requests that this Court enter judgment as a matter of law in its favor and against Plaintiffs. Dated: November 20, 2008 Gerald L. Maatman, Jr. William F. Dugan Steven J. Pearlman Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603 [phone] Respectfully submitted, MID CITY SALON RESOURCE, LLC By: s/Steven J. Pearlman One of its attorneys

2

CERTIFICATE OF SERVICE I hereby certify that on November 20, 2008, I electronically filed the foregoing DEFENDANT MID CITY SALON RESOURCES, LLC'S MOTION FOR ENTRY OF JUDGMENT AS A MATTER OF LAW with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Ernest T. Rossiello [e-mail]

s/Steven J. Pearlman Steven J. Pearlman Gerald L. Maatman, Jr. William F. Dugan Steven J. Pearlman Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603 [phone]

3
CH1 11599524.1 11597649.3