Simonian v. Maybelline LLC

Filing 37

NOTICE by Maybelline LLC re MOTION by Defendant Maybelline LLC to dismiss Complaint 19 of Supplemental Authority (Attachments: # 1 Exhibit A)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.]

Simonian v. Maybelline LLC

Doc. 37

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THOMAS A. SIMONIAN, Plaintiff, v. MAYBELLINE LLC, Defendant. ) ) ) ) ) C.A. No.: 1:10-cv-01615 ) ) ) )

NOTICE OF SUPPLEMENTAL AUTHORITY Defendant Maybelline LLC ("Maybelline"), by and through its undersigned counsel, respectfully submits this Notice of Supplemental Authority. Since the recent briefing on

Maybelline's Motion to Dismiss [dkt. no. 19], a court in this District in Thomas A. Simonian v. Cisco Systems, Inc., Case No. 10-cv-1306, dismissed plaintiff's false marking complaint for failure to comply with Fed.R.Civ.P. 9(b). A copy of the opinion is attached hereto as Exhibit A.

Respectfully submitted, /s/Jeffrey M. Drake Jeffrey M. Drake Wood Phillips 500 West Madison Street Suite 3800 Chicago, IL 60661-2562 Ph: [phone] [e-mail].

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Dockets.Justia.com

Of Counsel: Francis DiGiovanni Geoffrey A. Zelley Connolly Bove Lodge & Hutz LLP 1007 N. Orange Street Wilmington, Delaware 19899 Ph: [phone] [e-mail] [e-mail] Attorneys for Defendant Maybelline LLC

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CERTIFICATE OF SERVICE I, Jeffrey M. Drake, caused to be served a copy of the foregoing: NOTICE OF SUPPLEMENTAL AUTHORITY by filing same with the Clerk of the Court using the CM/ECF system which will send electronic notification of such filing to all counsel of record:

/s/ Jeffrey M. Drake

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