Simonian v. Maybelline LLC

Filing 47

NOTICE by Maybelline LLC of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drake, Jeffrey) [Transferred from Illinois Northern on 3/21/2011.]

Simonian v. Maybelline LLC

Doc. 47

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THOMAS A. SIMONIAN, Plaintiff, v. MAYBELLINE LLC, Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 1:10-cv-01615 Honorable Virginia M. Kendall

NOTICE OF SUPPLEMENTAL AUTHORITY Defendant Maybelline LLC ("Maybelline"), by and through its undersigned counsel, respectfully submits this Notice of Supplemental Authority. Attached as Exhibit A is a recent decision from the Northern District of Ohio in Unique Product Solutions, Ltd. v. Otis Prods., Inc., No. 5:10-cv-01471-JRA (N.D. Oh. Sep. 22, 2010). Judge Adams granted defendants' motion to transfer and held that plaintiff's choice of forum carried little weight. Judge Adams' opinion contains statements directly relevant to arguments made by Maybelline in support of its motion to transfer (dkt. no. 26). Attached as Exhibit B is a recent decision from the Eastern District of Michigan in Josephs v. Federal-Mogul Corp., No. 10-10617 (E.D. Mich. Sep. 23, 2010). Judge Cox's opinion in that case addresses issues directly relevant to Maybelline's Motion to Dismiss (Dkt. No. 19-20), as set forth in Section III(B) of Maybelline's memorandum in support of its motion to dismiss (dkt. no. 20). In particular, Judge Cox held that similar pleadings to those used by Simonian in the present case failed to meet even the heightened pleading requirement of Fed. R. Civ. P. 9(b).

Dockets.Justia.com

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] 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

2

CERTIFICATE OF SERVICE I, Jeffrey M. Drake, hereby certify that on the October 1, 2010 the attached document was electronically filed with the Clerk of the Court using CM/ECF which will send notification of such filing to the registered attorney(s) of record that the document is available for viewing and downloading from CM/ECF: Joseph M. Vanek, Esquire David P. Germaine, Esquire Jeffrey R. Moran, Esquire VANEK, VICKERS & MASINI, P.C. 111 S. Wacker Drive Suite 4050 Chicago, IL 60606 Ph: [phone] Fax: [phone] ([e-mail]) ([e-mail]) ([e-mail]) Eugene M. Cummings, Esquire David M. Mundt, Esquire David Lesht, Esquire Martin Goering, Esquire Konrad V. Sherinian, Esquire Panasarn Aim Jirut, Esquire Jessica Rissman, Esquire EUGENE M. CUMMINGS, P.C. One North Wacker Drive Suite 4130 Chicago, IL 60606 Ph: [phone] Fax: [phone] ([e-mail]) ([e-mail]) ([e-mail]) ([e-mail]) ([e-mail]) ([e-mail]) ([e-mail]) Attorneys for Plaintiff Thomas A. Simonian By: Bruce S. Sperling, Esquire Robert D. Cheifetz, Esquire SPERLING & SLATER, P.C. 55 West Monroe Street Suite 3200 Chicago, IL 60603 Ph: [phone] Fax: [phone] ([e-mail]) ([e-mail])

/s/Jeffrey M. Drake Jeffrey M. Drake