Specht et al v. Google Inc et al

Filing 227

MOTION by Plaintiffs Android Data Corporation, Erich Specht, The Android's Dungeon Incorporated to disqualify judge pursuant to 28 USC § 455 (Fleming, Patrick)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ERICH SPECHT, an individual and doing business as ANDROID DATA CORPORATION, and THE ANDROID'S DUNGEON INCORPORATED, Plaintiffs/Counter-Defendants, v. GOOGLE INC., Defendant/Counter-Plaintiff. ) ) ) ) ) ) ) ) ) )

Civil Action No. 09-cv-2572 Judge Harry D. Leinenweber Magistrate Judge Jeffrey Cole

PLAINTIFFS' MOTION FOR DISQUALIFICATION PURSUANT TO 28 U.S.C. §455 Plaintiffs Erich Specht, an individual and doing business as Android Data Corporation Android Data Corporation, and The Android's Dungeon Incorporated, by and through their attorneys, Novack and Macey LLP and Martin Murphy, respectfully submits that the Honorable Harry D. Leinenweber is disqualified from presiding as judge in this action under the provisions of Title 28, United States Code, Section 455, for the reasons that are set forth in detail in Plaintiffs' Memorandum in Support of Plaintiffs Motion for Disqualification Pursuant to 28 U.S.C.§455, which is filed herewith. WHEREFORE, Plaintiffs respectfully request that the Court enter an order of disqualification and transfer the case to another Judge of the Northern District of Illinois.

Respectfully submitted, ERICH SPECHT, an individual and doing business as ANDROID DATA CORPORATION, and THE ANDROID'S DUNGEON INCORPORATED By: P. Andrew Fleming John F. Shonkwiler John B. Haarlow, Jr. NOVACK AND MACEY LLP 100 North Riverside Plaza Chicago, IL 60606 [phone]
Doc. #374511

/s/ P. Andrew Fleming One of Their Attorneys

Martin Murphy 2811 RFD Long Grove, IL 60047 [phone]

2

CERTIFICATE OF SERVICE P. Andrew Fleming, an attorney, certifies that he caused copies of the foregoing to be served by electronically filing the document with the Clerk of Court using the ECF system this 23rd day of July, 2010.

/s/ P. Andrew Fleming