Republic Technologies (NA), LLC et al v. BBK Tobacco & Foods, LLP d/b/a HBI International

Filing 781

MOTION by Defendant BBK Tobacco & Foods, LLP, Counter Claimant BBK Tobacco & Foods, LLP for judgment BBK Tobacco & Foods, LLP d/b/a HBI International's Motion for Judgment as a Matter of Law (Becker, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
REPUBLIC TECHNOLOGIES (NA), LLC
and REPUBLIC TOBACCO, L.P.,

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Plaintiffs,
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vs.
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BBK TOBACCO & FOODS, LLP d/b/a HBI
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INTERNATIONAL,
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Defendant,
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________________________________________ )
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BBK TOBACCO & FOODS, LLP d/b/a HBI
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INTERNATIONAL,
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Counter-Plaintiff,
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vs.
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REPUBLIC TECHNOLOGIES (NA), LLC,
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REPUBLIC TOBACCO, L.P., and
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VANILLA LA GROUP, INC.
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Counter-Defendants.
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Case No. 16-cv-03401
Judge Thomas M. Durkin
Magistrate Judge Sunil R. Harjani

BBK TOBACCO & FOODS. LLP D/B/A HBI INTERNATIONAL’S
MOTION FOR JUDGMENT AS A MATTER OF LAW
Pursuant to Federal Rule of Civil Procedure 50(a), BBK Tobacco & Foods, LLP d/b/a
HBI International (“HBI”) hereby moves for judgment as a matter of law in its favor on the
remaining claims asserted against HBI in Counts III, IV, and V of Plaintiffs Republic
Technologies (NA), LLC’s and Republic Tobacco, L.P.’s (together, “Republic’s”) Second
Amended Complaint.
Dismissal is proper for the reasons set forth in the memorandum of law filed concurrently
herewith. Specifically, a reasonable jury would not have a legally sufficient evidentiary basis to

find for Republic on any of its 27 false advertising claims. Accordingly, HBI respectfully
requests that the Court enter judgment in its favor.
Dated: June 15, 2021

BBK TOBACCO & FOODS, LLC
d/b/a HBI INTERNATIONAL

By: /s/ David S. Becker
One of its attorneys
Frank G. Long, (Arizona Bar Number
#012245) (Admitted pro hac vice)
Charles S. Price (Arizona Bar Number
6197) (Admitted pro hac vice)
Ariana F. Pellegrino (Michigan Bar Number
#79104) (Admitted pro hac vice)
DICKINSON WRIGHT PLLC
1850 N. Central Avenue, Suite 1400
Phoenix, AZ 85004
Jennifer L. Fitzgerald
David S. Becker
D. Richard Self
FREEBORN & PETERS LLP
311 South Wacker Drive, Suite 3000
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of June, 2021, that the above and foregoing HBI’S
Motion for Judgment as a Matter of Law was filed electronically with the Clerk of the Court
using the CM/ECF system, which sent notification to all ECF registrants that are counsel of
record for this matter.
By: /s/ David S. Becker

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