Dunstan et al v. comScore, Inc.

Filing 334

DOCUMENT REMOVED pursuant to court order (Thomassen, Benjamin) (Docket text modified by Clerk's Office Staff).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals,
Plaintiffs,
v.

Case No. 11-cv-05807
Hon. James F. Holderman
Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.
PLAINTIFFS’ MOTION TO WITHDRAW AND CORRECT THEIR MEMORANDUM
OF LAW IN SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiffs Mike Harris and Jeff Dunstan, individually and on behalf of the Class and
Subclass they represent (collectively “Plaintiffs”), hereby move the Court for an Order allowing
them to withdraw their Memorandum of Law in Support of their Motion for Partial Summary
Judgment, filed provisionally under seal (Dkt. No. 324), and, in its place, file their Corrected
Memorandum of Law in Support of their Motion for Partial Summary Judgment (Dkt. No. 333).
In support of the instant motion, Plaintiffs state as follows:
On February 20, 2014, Plaintiffs filed their Motion for Partial Summary

1.

Judgment. (Dkt. No. 321.)
2.

On February 21, 2014, Plaintiffs filed their Memorandum of Law in Support of

their Motion for Partial Summary Judgment (the “Memorandum”) both publicly (with
redactions) and provisionally under seal (without redactions). (Dkt. Nos. 323–24.)
3.

Because the Memorandum referenced (i) material that has been marked as

confidential by Defendant comScore, Inc. (“comScore”) pursuant to the Protective Order entered
in this case (Dkt. No. 72), and (ii) material that includes personally identifiable information of

known minors, Plaintiffs sought to file their Memorandum, among other documents, partially
under seal through their Motion to File Documents Under Seal (Dkt. No. 331).
4.

After reviewing the documents filed with the Court, however, Plaintiffs’ counsel

discovered that a formatting error caused the partial deletion of a footnote appearing on the first
page of the provisionally sealed (unredacted) version of the Memorandum. (Dkt. No. 324 at 1, n.
1.) Plaintiffs subsequently filed their provisionally sealed (unredacted) Corrected Memorandum
of Law in Support of Plaintiffs’ Motion for Partial Summary Judgment to correct this error and
to include the entirety of the footnote. (Dkt. No. 333.)
5.

No other changes were made to the substance of the Memorandum other than to

effectuate the change described in ¶ 4 above in the Corrected version.
6.

No changes will be made to the publicly filed (redacted) version of the

Memorandum (Dkt. No. 323).
WHEREFORE, Plaintiffs Mike Harris and Jeff Dunstan respectfully move the Court for
an Order:
(i)

Permitting Plaintiffs to withdraw their unredacted Memorandum of Law in
Support of their Motion for Partial Summary Judgment, filed provisionally under

seal at Dkt. No. 324;
(ii)

Granting them leave to file partially under seal their unredacted Corrected
Memorandum of Law in Support of their Motion for Partial Summary Judgment
(Dkt. No. 333) pursuant to Plaintiffs’ Motion to File Documents Under Seal (Dkt.
No. 331); and

(iii)

Granting such other and further relief as this Court deems necessary and proper.

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Dated: February 24, 2014

Respectfully submitted,
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of all others similarly
situated,
By: s/ Benjamin S. Thomassen
One of Plaintiffs’ Attorneys
Jay Edelson
[e-mail]
Rafey S. Balabanian
[e-mail]
Benjamin S. Thomassen
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

Attorneys for Plaintiffs, the Class, and the Subclass

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CERTIFICATE OF SERVICE
I, Benjamin S. Thomassen, an attorney, hereby certify that on February 24, 2014, I served
the above and foregoing Plaintiffs’ Motion to Withdraw and Correct their Memorandum of
Law in Support of their Motion for Partial Summary Judgment by causing true and accurate
copies of such paper to be transmitted to all counsel of record via the Court’s CM/ECF electronic
filing system.
s/ Benjamin S. Thomassen

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