Marcus & Millichap Real Estate Investment Services Inc et al v. Sekulovski

Filing 132

MOTION by Defendant Tony Sekulovski, Counter Claimant Tony Sekulovski for judgment as a Matter of Law and Request for a New Trial (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit Exhibit A - Affidavit of Tony Sekulovski)(Goodman, David)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Marcus & Millichap Real Estate Investment Services Inc. and Marcus & Millichap Real Estate Investment Services of Chicago, Inc., Plaintiffs, Magistrate Judge Arlander Keyes v. Tony Sekulovski, Defendant. DEFENDANT/COUNTER-PLAINTIFF TONY SEKULOVSKI'S MOTION FOR JUDGMENT AS A MATTER OF LAW AND REQUEST FOR NEW TRIAL Defendant/Counter-Plaintiff Tony Sekulovski ("Sekulovski"), pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, respectfully requests that the Court enter judgment as a matter of law in his favor on Plaintiff/Counter-Defendant Marcus & Millichap Real Estate Investment Services of Chicago, Inc.'s claims for breach of contract, fraud, conversion, and tortious interference with contract and on Sekulovski's claims for breach of contract and tortious interference with contract. Alternatively, Sekulovski requests a new trial on these claims Case No. 07-C-5369 Judge Harry D. Leinenweber

pursuant to Rule 59. An affidavit and memorandum in support of this Motion is attached. Respectfully Submitted, s/David B. Goodman David B. Goodman (ARDC #6201242) SHAW GUSSIS FISHMAN GLANTZ WOLFSON & TOWBIN LLC 321 North Clark Street, Suite 800 Chicago, Illinois 60654 and Kevin L. Murch (Ohio Bar No. 0066833) SCHOTTENSTEIN, ZOX & DUNN CO., L.P.A.

250 West Street Columbus, Ohio 43215 Attorneys for Tony Sekulovski

2

CERTIFICATE OF SERVICE I, David B. Goodman, an attorney, certify that on October 23, 2009, I electronically filed, on behalf of Defendant/Counter-Plaintiff Tony Sekulovski, DEFENDANT/COUNTERPLAINTIFF TONY SEKULOVSKI'S MOTION FOR JUDGMENT AS A MATTER OF LAW AND REQUEST FOR NEW TRIAL, with the Clerk of Court using the CM/ECF system, which will send notification of such filings to all attorneys of record.

s/David B. Goodman One of His Attorneys