River North Equity LLC v. MPhase Technologies, Inc.

Filing 12

MOTION by Defendant MPhase Technologies, Inc. for judgment pursuant to Rule 58(d) (Attachments: # 1 Notice of Filing)(Burke, John)

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION
RIVER NORTH EQUITY LLC, an Illinois
limited liability company,
Plaintiff,
v.
MPHASE TECHNOLOGIES, INC., a New
Jersey corporation,
Defendant.

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Case No. 1:16-cv-10986
Hon. Marvin E. Aspen
Mag. Judge Michael T. Mason

DEFENDANT’S MOTION FOR ENTRY OF JUDGMENT
NOW COMES Defendant mPhase Technologies, Inc. (“Defendant”), by and through its
attorneys John S. Burke and Jared M. Schneider, and for its Motion for Entry of Judgment
pursuant to Federal Rule of Civil Procedure 58(d), states as follows:
1.

On October 31, 2016, Defendant received Plaintiff River North Equity LLC’s
(“Plaintiff”) six-count verified complaint (the “Complaint”), which had been filed in
Illinois State Court.

2.

On November 30, 2016, Defendant timely filed its notice of removal. See ECF No. 1

3.

On December 7, 2016, Defendant filed its motion to dismiss, which argued that
Defendant was not subject to personal jurisdiction in Illinois and Plaintiff’s Complaint
did not satisfy the securities-fraud pleading requirements required by the Private
Securities Litigation Reform Act (“PSLRA”). See 15 U.S.C. § 78u-4(b).

4.

On March 1, 2017, this Court granted Defendant’s motion, dismissed all counts without
prejudice, and granted Plaintiff leave to amend its complaint until March 24, 2017. See
ECF No. 10 [hereinafter the “March 1 Order”].

5.

Plaintiff failed to file an Amended Complaint by March 24, 2017.

6.

Pursuant to the Court’s March 1 Order, Plaintiff’s Complaint should be dismissed with
prejudice.

7.

Federal Rule of Civil Procedure 58(d) allows a party to request that judgment be set out
in a separate document as required by Rule 58(a).
WHEREFORE, Defendant mPhase Technologies, Inc. prays this Court to enter an Order

(1) dismissing with prejudice Plaintiff River North Equity LLC’s Complaint; (2) entering
judgment in favor of mPhase Technologies, Inc. and against Plaintiff River North Equity LLC;
and (3) any and all further relief as the Court deems just and appropriate.
Respectfully Submitted,
MPHASE TECHNOLOGIES, INC.

By:
/s/ John S. Burke
One of Defendant’s Attorneys
Dated: April 4, 2017
John S. Burke (ARDC # 6208743)
Jared M. Schneider (ARDC #6318314)
HIGGINS & BURKE , P.C.
2560 Foxfield Road, Suite 200
Saint Charles, Illinois 60174
P: [phone]
F: [phone]

CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that he caused a copy of the foregoing Notice
and Filing to be filed via the Court’s ECF system and subsequently emailed a copy of the Notice
and Filing to the parties as indicated below on this 4th day of April, 2017:
VIA E-MAIL: [e-mail]
Adam S. Tracy
The Tracy Firm, Ltd.
2100 Manchester Road
Suite 615
Wheaton, Illinois 60187

By:

/s/ John S. Burke
Attorney for Defendant