Jirak et al v. Abbott Laboratories

Filing 298

MOTION by Defendant Abbott Laboratories for judgment (Schulman, Efrat)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JAMES JIRAK and ROBERT
PEDERSEN,
Plaintiff,
v.
ABBOTT LABORATORIES, INC.,

No. 07 C 3626
Judge Ruben Castillo
Magistrate Judge Michael T. Mason

Defendant.
UNOPPOSED MOTION TO ENTER FINAL JUDGMENT
Defendant Abbott Laboratories Inc., by and through its counsel, hereby moves this Court
for entry of Final Judgment consistent with the Final Judgment and Mandate from the U.S. Court
of Appeals for the Seventh Circuit, which were filed with this Court on May 30, 2012. Abbott
may file a bill of costs following the Court’s entry of judgment. Accordingly, in support of its
motion, Abbott states as follows:
1.

On April 26, 2011, this Court entered judgment against Abbott [Dkt. No.268]

pursuant to the parties’ Stipulation Regarding Entry of Judgment [Dkt. No. 266], which reserved
the parties’ respective rights to appeal the Court’s prior summary judgment orders, including this
Court’s order finding Abbott’s pharmaceutical sales representatives non-exempt from overtime
under the Fair Labor Standards Act, 29. U.S.C. § 201, et seq. On April 27, 2011 Abbott filed its
notice of appeal to the U.S. Court of Appeals for the Seventh Circuit. [Dkt. No. 271].
2.

On May 8, 2012, the Seventh Circuit issued its opinion reversing summary

judgment against Abbott, finding that “[t]he pharmaceutical sales representatives employed by
Abbott … are properly classified as exempt administrative workers,” and directing this Court to
“enter judgment in favor of Abbott.” [Dkt. No. 295]. That opinion was filed in this Court on

CHI-1865142v2

May 30, 2012, along with the Seventh Circuit’s Final Judgment [Dkt. No. 296] and Mandate
[Dkt. No. 297].
3.

Having heard nothing from this Court, on October 2, 2012, counsel for Abbott

contacted the Court to inquire whether any action was required from the parties before it would
issue final judgment. Courtroom Deputy Ruth O'Shea advised Abbott’s counsel to file a motion
to enter final judgment.
4.

Counsel for Abbott conferred with Plaintiffs’ counsel on October 9, 2012 and

Plaintiffs’ counsel will not oppose this Motion.

WHEREFORE, Defendant Abbott Laboratories Inc. respectfully requests the entry of a
Final Judgment dismissing this case in its entirety.

Dated: October 11, 2012

Respectfully submitted,
By: s/Efrat R. Schulman_______________________
Michael J. Gray
E-mail: [e-mail]
Brent D. Knight
E-mail: [e-mail]
Efrat R. Schulman
E-mail: [e-mail]
JONES DAY
77 West Wacker Drive, Suite 3500
Chicago, Illinois 60601-1692
Phone: [phone]
Fax: [phone]
ATTORNEY FOR DEFENDANT
ABBOTT LABORATORIES INC.

CHI-1865142v2

CERTIFICATE OF SERVICE
I hereby certify that on October 11, 2012, I electronically filed the foregoing Unopposed
Motion to Enter Final Judgment with the Clerk of the Court using the CM/ECF system, which
will send notification of such filing to all counsel of record.

s/Efrat R. Schulman
One of the attorneys for Defendant Abbott
Laboratories Inc.

CHI-1865142v2