Kenall Manufacturing Company v. Cooper Lighting, LLC et al

Filing 98

MOTION by Plaintiff Kenall Manufacturing Company for judgment of breach of contract by Defendants. [Renewed Rule 12(c)] (Jansson, Eric)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Eastern Division KENALL MANUFACTURING COMPANY, Plaintiff, ) ) ) v. ) Case No. 17-cv-4575 ) COOPER LIGHTING, LLC and ) EATON CORPORATION, ) Defendants. ) _____________________________________________________________________________ PLAINTIFF’S RENEWED RULE 12(c) MOTION FOR JUDGMENT OF BREACH OF CONTRACT BY DEFENDANTS _____________________________________________________________________________ Plaintiff, Kenall Manufacturing Company (“Kenall”), respectfully moves, pursuant to Federal Rule of Civil Procedure 12(c) based on the pleadings in this case, for judgment that Defendants, Cooper Lighting, LLC (“Cooper”) and Eaton Corporation, have breached the contract entered into with Kenall in 2007 upon settlement of the patent infringement lawsuit between Kenall and Cooper in Case No. 1:07-cv-00603 in the U.S. District Court for the Northern District of Illinois. Also being submitted at the time of this motion are Kenall’s supporting memorandum, a notice of motion, and a proposed order of judgment of breach of contract against Defendants. Date: August 3, 2018 Respectfully submitted, KENALL MANUFACTURING COMPAN By /s/Peter N. Jansson Peter N. Jansson (IL Bar #1326074) Peter N. Jansson Molly H. McKinley JANSSON MUNGER MCKINLEY & KIRBY LTD. 207 East Westminster Lake Forest, IL 60045 Tel: 262/632-6900 Fax: 262/632-2257 pjansson@janlaw.com mmckinley@janlaw.com Eric V.C. Jansson JANSSON MUNGER MCKINLEY & KIRBY LTD. 601 Lake Avenue Racine, WI 53403 Tel: 262/632-6900 Fax: 262/632-2257 ejansson@janlaw.com Attorneys for Kenall Manufacturing Company 2 CERTIFICATE OF SERVICE I certify that, on August 3, 2018, I caused the foregoing document to be filed with the Clerk of the Court using the CM/ECF system, which will automatically send e-mail notification of such filing to all attorneys of record in this action. Dated: August 3, 2018 /s/ Peter N. Jansson Attorney for Plaintiff, Kenall Manufacturing Company 3

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