Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Filing 251

MOTION by Plaintiff David Grochocinski to supplement record on appeal pursuant to F.R.A.P. 10(e) and Circuit Court Rule 10(b) (Joyce, Edward)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS, EASTERN DISTRICT
DAVID GROCHOCINSKI, not individually,
but solely in his capacity as the Chapter 7
Trustee for the bankruptcy estate of
CMGT, INC.
Plaintiff,
v.
MAYER BROWN ROWE & MAW LLP,
RONALD B. GIVEN, and CHARLES W.
TRAUTNER,
Defendants.

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No. 06 C 5486
Judge Virginia M. Kendall

PLAINTIFF’S MOTION TO SUPPLEMENT RECORD ON APPEAL PURSUANT TO
F.R.A.P. 10(e) AND CIRCUIT RULE 10(b)
Plaintiff, through his counsel, moves for leave to supplement the record on appeal
pursuant to Federal Rule of Appellate Procedure 10(e) and Circuit Court Rule 10(b) of the
United States Court of Appeals for the Seventh Circuit. In support of this motion, Plaintiff states
as follows:
1. This matter is presently on appeal to the United States Court of Appeals for the Seventh
Circuit, designated Seventh Circuit No. 10-2057. Plaintiff’s Appellate Brief is must be
filed on October 18, 2011.
2. On May 20, 2010, November 16, 2010 and March 15, 2011, the clerk for the district
court transmitted the record for this matter to the Seventh Circuit.
3. Included in the documents transmitted to the Seventh Circuit was Defendants’
Memorandum in Support of Their Motion for Sanctions, Docket Number 177.
4. On March 14, 2011, Plaintiff and his attorney filed responses to Defendants’ Motion for
Sanctions. Those responses were not included in the Record on Appeal. In order to have

a complete record, Plaintiff respectfully requests that his and his attorney’s responses to
Defendants’ Motion for Sanctions, Docket Numbers 235 and 236, be included in the
Record on Appeal.
Wherefore, for the foregoing reasons, Plaintiff respectfully requests that this Court enter
an Order directing the Clerk of the United States District Court for the Northern District of
Illinois to prepare and certify a Supplemental Record on Appeal containing Docket Numbers 235
and 236 and to forward the Supplemental Record on Appeal to the Clerk of the Court for the
Seventh Circuit.
Respectfully submitted,
DAVID GROCHOCINSKI, not individually,
but solely in his capacity as the Chapter 7
Trustee for the bankruptcy estate of
CMGT, INC.
By: ____/s/ Edward T. Joyce___________
Edward T. Joyce
Arthur W. Aufmann
Robert D. Carroll
THE LAW OFFICES OF EDWARD T. JOYCE & ASSOC., P.C.
135 South LaSalle Street, Ste., 2200
Chicago, Illinois 60603

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CERTIFICATE OF SERVICE
The undersigned attorney certifies that on October 3, 2011, he caused Plaintiff’s Motion
for Leave to Supplement Record on Appeal Pursuant to F.R.A.P. 10(e) and Circuit Court
Rule 10(b) to be served upon by electronically delivering a copy through the Court’s CM/ECF
filing system.
Stephen Novack
Mitchell L. Marinello
Steven J. Ciszewski
NOVACK AND MACEY LLP
100 N. Riverside Plaza
Chicago, IL 60606
and
by U.S. mail, proper postage prepaid, upon:
R. Gerard Spehar
1625 Grandview Ave.
Glendale CA, 91201

/s/ Edward T. Joyce