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Gorss Motels, Inc. v. Renue Systems Development Corp., Inc., 16-cv-10975. (2017)

Court: District Court, N.D. Illinois Number: infdco20170123731 Visitors: 3
Filed: Jan. 20, 2017
Latest Update: Jan. 20, 2017
Summary: DEFENDANTS' MOTION FOR JUDGMENT RONALD A. GUZMAN , District Judge . Pursuant to Federal Rule of Civil Procedure 56(f), defendants Renue Systems Development Corp., Inc., Renue Systems, Inc., and Renue Systems of Chicago, Inc. ("Defendants") hereby move for entry of a judgment in favor of plaintiff Gorss Motels, Inc. ("Plaintiff") and against Defendants in the amount of $6,000.00, plus entry of an injunction barring Defendants from sending faxes to Plaintiff in the future and barring Defenda
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DEFENDANTS' MOTION FOR JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56(f), defendants Renue Systems Development Corp., Inc., Renue Systems, Inc., and Renue Systems of Chicago, Inc. ("Defendants") hereby move for entry of a judgment in favor of plaintiff Gorss Motels, Inc. ("Plaintiff") and against Defendants in the amount of $6,000.00, plus entry of an injunction barring Defendants from sending faxes to Plaintiff in the future and barring Defendants from sending fax advertisements without opt-out language. Because this judgment provides Plaintiff with more than complete individual relief, the Court should also dismiss the class allegations, without prejudice. The Court should enter judgment because Defendants have already tendered to Plaintiff far more than it could hope to recover individually in this litigation and thus, Plaintiff no longer has standing under Article III to proceed.

WHEREFORE, for the foregoing reasons, as set forth more fully in the accompanying memorandum of law, Defendants respectfully request that the Court enter an Order granting Plaintiff an individual judgment and dismissing the class allegations without prejudice.

Source:  Leagle

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