Arnold v. Graffia et al

Filing 112

MOTION by Defendant Visiontek Products, LLC for judgment (Rohan, Sean)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
WALLACE ARNOLD,

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Plaintiff,
v.
VISIONTEK PRODUCTS, LLC
Defendant.

NO: 13-cv-613
Honorable Andrea R. Wood

DEFENDANT’S MOTION FOR ENTRY OF JUDGMENT
Defendant, VisionTek Products, LLC, through its counsel, O’Hagan Meyer LLC,
respectfully moves pursuant to Federal Rule of Civil Procedure 58(b)(1) for an Entry of
Judgment. In support of this Motion, Defendant states as follows:
1. On September 28, 2015, Defendant filed a Motion for Summary Judgment along with
supporting briefs pursuant to Rule 56. (See ECF Dkt. Nos. 77-79).

Thereafter,

Defendant’s motion was fully briefed. (See ECF Dkt. Nos. 823-84, 90-91).
2. On March 17, 2017, this Court granted Summary Judgment in Defendant’s favor.
(ECF Dkt. No. 111). However, the Memorandum Opinion and Order along with an
Entry of Judgment was never filed with the CM/ECF Civil Docket System.
3. A judgment must be set out in a separate document unless it falls within a limited and
enumerated exception under Rule 58(a). Fed. R. Civ Proc. 58(a). Unless this Court
orders otherwise, the clerk must promptly prepare, sign, and enter a judgment in a
separate document when (1) the jury returns a general verdict; (2) the court awards
only costs or a sum certain; or (3) the court denies all relief. Fed. R. Civ. Proc. 58(b).
4. In the present case, this Court denied all relief to Plaintiff when it granted
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Defendant’s Motion for Summary Judgment on March 31, 2017.
5. As such, Defendant respectfully requests this Court to file the Memorandum Opinion
and Order and an Entry of Judgment on behalf of Defendant.
WHEREFORE, Defendant, VisionTek Products, LLC, respectfully requests that this
honorable Court enter the following with the CM/ECF Civil Docket System: (1) the
Memorandum Opinion and Order granting Summary Judgment against Plaintiff and in
Defendant’s favor; and (2) an Entry of Judgment on behalf of Defendant.
Respectfully Submitted,
By:
Kevin M. O’Hagan (#6211446)
Ryan T. Benson (#6312338)
Sean G. Rohan (#6310029)
O’HAGAN MEYER, LLC
One East Wacker Drive, Suite 3400
Chicago, Illinois 60601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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/s/
Sean Rohan
Counsel for Visiontek Products, LLC

CERTIFICATE OF SERVICE
This is to certify that on this 29th day of June, 2017, I electronically filed
DEFENDANT’S MOTION FOR ENTRY OF JUDGMENT, with the Clerk of Court using
the CM/ECF system which will send notification of such filing to the following:
ATTORNEY FOR PLAINTIFF
Matthew J. Egan
Eliot D. Hellman
Kelly Ann Kono
Pretzel & Stouffer, Chartered
One S. Wacker Dr., Ste. 2500
Chicago, IL 60606-4673
PH: 312.346.1973
FX: 312.346.8242
[e-mail]
[e-mail]
/s/ Sean G. Rohan
Kevin M. O’Hagan (#6211446)
Ryan T. Benson (#6312338)
Sean G. Rohan (#6310029)
O’HAGAN MEYER, LLC
One East Wacker Drive, Suite 3400
Chicago, Illinois 60601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEY FOR DEFENDANT VISIONTEK
PRODUCTS, LLC

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