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)

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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. 1 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: +1 312 609 7500 Dated: January 20, 2017 2 /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 3

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