Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Filing 60

MOTION by Plaintiff David Grochocinski for leave to file Cite Additional Authority, Previously Unavailable Authority During Oral Argument (Attachments: # 1 Exhibit A)(Carroll, Robert)

Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Doc. 60

Case 1:06-cv-05486

Document 60

Filed 09/18/2007

Page 1 of 2

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. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 06 C 5486 Judge Virgina M. Kendall

PLAINTIFF'S MOTION FOR LEAVE TO CITE ADDITIONAL, PREVIOUSLY UNAVAILABLE AUTHORITY DURING ORAL ARGUMENT Plaintiff, David Grochocinski, in his capacity as the Chapter 7 trustee for the bankruptcy estate of CMGT, Inc. ("plaintiff"), moves for leave to cite additional, previously unavailable authority during oral argument. In support of this motion, plaintiff states as follows: 1. On July 13, 2007, defendants filed a motion to reconsider this Court's denial of their motion to dismiss. Plaintiff filed his response to defendants' motion to reconsider on August 9, 2007. Defendants filed their reply in support of their motion to reconsider on August 23, 2007. 2. In their reply brief, defendants argue that, as a result of the Chapter 7 bankruptcy proceeding, plaintiff cannot establish the damage element of Count II of his complaint. (See Reply at pp. 10-12). 3. On September 13, 2007, the United States Court of Appeals for the Fifth Circuit issued an opinion that directly addresses the damage arguments made by defendants in their reply brief. (A copy of the Fifth Circuit's September 13, 2007 opinion in H.S. Stanley, Jr. in his capacity as Trustee

Dockets.Justia.com

Case 1:06-cv-05486

Document 60

Filed 09/18/2007

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of the Bankruptcy Estate of Gary Eugene Hale v. Clare W. Trinchard, et al, No. 06-30120 c/w 0630299, is attached hereto as Exhibit A.) Plaintiff learned about this opinion on September 18, 2007. 4. Because the Fifth Circuit opinion was issued after plaintiff filed his response to defendants' motion to reconsider, plaintiff was not able to cite the Fifth Circuit opinion in his response brief. 5. The purpose of this motion is to notify the Court and defendants of new authority that plaintiff intends to refer to during oral argument. Wherefore, plaintiff respectfully requests leave to cite additional, previously unavailable authority during the September 26, 2007 oral argument on defendants' motion to reconsider. Dated: September 18, 2007 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/ Robert D. Carroll___________ Plaintiff's attorneys Edward T. Joyce Arthur W. Aufmann Robert D. Carroll EDWARD T. JOYCE & ASSOC., P.C. - Atty No. 32513 11 South LaSalle Street, Ste., 1600 Chicago, Illinois 60603

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