Edelson PC v. The Bandas Law Firm PC et al

Filing 113

MOTION by Defendants Christopher Bandas, The Bandas Law Firm PC for judgment (Attachments: # 1 Exhibit A - Offer of Judgment)(Van Puymbrouck, Darren)

Case: 1:16-cv-11057 Document #: 113 Filed: 09/04/18 Page 1 of 4 PageID #:1168

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EDELSON PC, an Illinois professional
corporation, individually, and on behalf of all
others similarly situated,
Plaintiff,
v.

Case No. 1:16-cv-11057

THE BANDAS LAW FIRM PC, a Texas
professional corporation, CHRISTOPHER
BANDAS, an individual, LAW OFFICES OF
DARRELL PALMER PC d/b/a DARRELL
PALMER LAW OFFICE, a suspended
California professional corporation, JOSEPH
DARRELL PALMER, an individual,
NOONAN PERILLO & THUT LTD., an
Illinois corporation, C. JEFFERY THUT, an
individual, GARY STEWART, an individual,
and JOHN DOES 1-20,
Defendants.
DEFENDANT THE BANDAS LAW FIRM PC’s AND CHRISTOPHER BANDAS’
MOTION FOR ENTRY OF JUDGMENT
NOW COMES Defendants, the Bandas Law Firm PC and Christopher Bandas
(collectively, the “Bandas Defendants”), and pursuant to Federal Rule of Civil Procedure 58,
respectfully move the Court for an entry of judgment against the Bandas Defendants for the
entire relief sought by the Plaintiffs in the only remaining Count of Plaintiff’s First Amended
Class Action Complaint and Demand for Jury Trial--Count V (“Complaint”). In support thereof,
the Bandas Defendant state as follows:
1. On August 10, 2018, the Bandas Defendants served the Plaintiffs within an Offer of
Judgment pursuant to Federal Rule of Civil Procedure 68 “allowing Judgment to be

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entered against them in this action finding that they engaged in ‘the unauthorized practice
of law in Illinois’ and further that the Court enter an order ‘enjoining Christopher Bandas
in the Bandas Law Firm P.C. from the further practice of law in Illinois unless and until
they obtain authorization from the Supreme Court Illinois to practice law,’ as well as for
judgment for the ‘cost of then accrued,’ by the Plaintiffs, to be determined by the Court
pursuant to FRCP 54, not including any attorney’s fees.” (See Offer of Judgment attached
as Exhibit A.)
2. Pursuant to FRCP 68, the Plaintiff had 14 days to accept the Bandas Defendants’ Offer of
Judgment, or until August 27, 2018.
3. Plaintiffs have not accepted the Bandas Defendants Offer of Judgment.
4. Pursuant to FRCP 58, the Bandas Defendants move this Court for entry of Judgment
against them for all of the relief sought against them in the sole remaining count of
Plaintiff’s Complaint, Count V, finding that “the Bandas Law Firm PC and Christopher
Bandas engaged in the unauthorized practice of law in Illinois” and ordering that the
Bandas Law Firm PC and Christopher Bandas are enjoined “from the further practice of
law in Illinois unless and until they obtain authorization from the Supreme Court of
Illinois to practice law.”
5. The Bandas Defendants further move this Court for the entry of Judgment against them to
pay the Plaintiffs the “costs then accrued” to be determined by the Court pursuant to
FRCP 54, not including attorney’s fees.

WHEREFORE, the Bandas Defendants respectfully request the Court to enter an Order
of Judgment against them for all of the relief sought in Count V of the Complaint and for the
payment of Plaintiff’s costs then accrued.

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Respectfully submitted,
CHRISTOPHER BANDAS and BANDAS
LAW FIRM PC
By: /s/ Darren VanPuymbrouck
One of Their Attorneys
Darren M. VanPuymbrouck
Alexander S. Vesselinovitch
Matthew T. Connelly
Freeborn & Peters LLP
311 South Wacker Drive
Suite 3000
Chicago, IL 60606
312-360-6000
[e-mail]
[e-mail]
[e-mail]
Dated: September 4, 2018

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CERTIFICATE OF SERVICE
By my signature below, I hereby certify that on September 4, 2018, I electronically filed
the foregoing Motion with the Clerk of the Court using the CM/ECF system, which will send
notification of such filing to the following counsel of record:
Rafey S. Balabanian
Benjamin Harris Richman
Eve-Lynn J. Rapp
Edelson PC
350 N. LaSalle Street, 13th Floor
Chicago, IL 60654
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

Joseph R. Marconi
Brian C. Langs
Victor J. Pioli
Johnson & Bell, Ltd.
33 West Monroe Street, Suite 2700
Chicago, IL 60603
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Noonan Perillo & Thut Ltd. and
C. Jeffrey Thut

/s/ Darren VanPuymbrouck

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