DeMaria v. Nissan North America, Inc. et al

Filing 75

MOTION by Plaintiff Marie DeMaria for judgment Motion for Entry of Final Judgment so as to allow appeal (Wallace, Edward)

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

MARIE DEMARIA, et al., individually and on
behalf of all others similarly situated,

Case No. 1:15-CV-03321

Plaintiffs,

Hon. John Robert Blakey

v.
NISSAN NORTH AMERICA, INC.
Defendant.

MOTION FOR ENTRY OF JUDGMENT
Plaintiff Marie DeMaria, on behalf of herself and all others similarly situated
(“Plaintiffs”), by her attorneys, moves this Court for entry of judgment pursuant to FED. R. CIV.
P. 58(d) and in support states:
1.

On February 1, 2016, this Court dismissed Plaintiffs’ First Amended Complaint

but gave Plaintiffs leave to amend, consistent with their obligations under Rule 11, by February
22, 2016.
2.

On February 22, 2016, Plaintiffs filed their Unopposed Motion for Extension of

Time to File Second Amended Complaint, which this Court granted on February 23, 2016.
3.

Plaintiffs have now elected to forego filing a Second Amended Complaint in

order to obtain a final, appealable order of the Court’s February 1, 2016 decision, and
respectfully request that this Court enter judgment in this matter so that they appeal that decision.
Wherefore, Plaintiffs respectfully request that this Court enter judgment pursuant to FED.
R. CIV. P. 58, so Plaintiffs may file their notice of appeal.

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Dated: March 3, 2016

Respectfully submitted,

By:

/s/ Edward A. Wallace
Edward A. Wallace
Amy E. Keller
Adam Prom
WEXLER WALLACE LLP
55 W. Monroe Street
Suite 3300
Chicago, IL 60603
[phone] Telephone
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Putative Class

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CERTIFICATE OF SERVICE
I hereby certify that the foregoing notice was filed through the ECF system and sent
electronically to the registered participants as identified on the Notice of Electronic Filing on
March 3, 2016.

/s/ Edward A. Wallace
Edward A. Wallace