Gorss Motels, Inc. v. Renue Systems Development Corp., Inc. et al

Filing 20

MOTION by Defendants Renue Systems Development Corp., Inc., Renue Systems of Chicago, Inc., Renue Systems, Inc. for judgment (Park, Jeanah)

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

GORSS MOTELS, INC., individually and as
the representative of a class of similarlysituated persons,
Plaintiff,
Case No. 16-cv-10975

v.

Judge Ronald A. Guzman
RENUE SYSTEMS DEVELOPMENT
CORP., INC., RENUE SYSTEMS, INC.,
RENUE SYSTEMS OF CHICAGO, INC., and
JOHN DOES 1-5,
Defendants.
DEFENDANTS’ MOTION FOR JUDGMENT
Pursuant to Federal Rule of Civil Procedure 56(f), defendants Renue Systems
Development Corp., Inc., Renue Systems, Inc., and Renue Systems of Chicago, Inc.
(“Defendants”) hereby move for entry of a judgment in favor of plaintiff Gorss Motels, Inc.
(“Plaintiff”) and against Defendants in the amount of $6,000.00, plus entry of an injunction
barring Defendants from sending faxes to Plaintiff in the future and barring Defendants from
sending fax advertisements without opt-out language. Because this judgment provides Plaintiff
with more than complete individual relief, the Court should also dismiss the class allegations,
without prejudice. The Court should enter judgment because Defendants have already tendered
to Plaintiff far more than it could hope to recover individually in this litigation and thus, Plaintiff
no longer has standing under Article III to proceed.

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WHEREFORE, for the foregoing reasons, as set forth more fully in the accompanying
memorandum of law, Defendants respectfully request that the Court enter an Order granting
Plaintiff an individual judgment and dismissing the class allegations without prejudice.

Respectfully submitted,
RENUE SYSTEMS DEVELOPMENT CORP.,
INC., RENUE SYSTEMS, INC., and RENUE
SYSTEMS OF CHICAGO, INC.
By:

James V. Garvey
Jeanah Park
Bryan K. Clark
Vedder Price P.C.
222 North LaSalle Street
Chicago, Illinois 60601
T: [phone]
Dated: January 20, 2017

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/s/ Jeanah Park
One of their attorneys

CERTIFICATE OF SERVICE
I hereby certify that on January 20, 2017, a copy of the foregoing was electronically filed
in the ECF system. Notice of this filing will be sent to the parties of record by operation of the
Court’s electronic filing system. Parties may access this filing through the court’s system.

/s/ Jeanah Park

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