Curry v. Revolution Laboratoires, LLC et al
| Charles Curry |
| Revolution Laboratoires, LLC, Rev Labs management, Inc., Joshua Nussbaum and Barry Nussbaum |
| 1:2017cv02283 |
| March 24, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Matthew F. Kennelly |
| Other Fraud |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
471
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/30/2024: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants plaintiff's bill of costs [dkt. no. 422] in part and taxes costs in favor of plaintiff Charles Curry and against defendants Revolution Laboratories, LLC, Joshua Nussbaum, and Barry Nussbaum, jointly and severally, in the amount of $25,978. The Court also grants plaintiff's petition for attorney's fees [dkt. no. 423] in part. The Court declines to award plaintiff fees under the Lanham Act but grants plaintiff's petition for an award of attorney's fees against all of the defendants under the Illinois Uniform Deceptive Trade Practices Act, limited to the period through July 31, 2020. The Court waives compliance with Local Rule 54.3 regarding plaintiff's fee petition. Plaintiff is directed to file a fee petition, including any supporting materials, by July 15, 2024; defendants 9; response is to be filed by July 29, 2024; and plaintiff's reply is to be filed by August 8, 2024. The case is set for a telephonic status hearing on August 15, 2024 at 8:50 a.m., using call-in number 650-479-3207, access code 980-394-33. The Court's intention is to rule on the amount of the fee award at that time. (mk)
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Filing
410
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 8/25/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court (1) grants plaintiff Curry's motion to determine infringing profits and aw ards $547,095.44 in defendants' profits [dkt. no. 388]; (2) denies the defendants' motion to amend or alter the judgment [dkt. no. 384]; (3) grants plaintiff Curry's motion for a finding of IUDTPA liability [dkt. no. 378]; (4) gra nts in part plaintiff Curry's motion for pre- and post-judgment interest [dkt. no. 390]; and (5) grants in part plaintiff Curry's motion for a permanent injunction [dkt. no. 392]. The parties are directed to calculate prejudgment interest in accordance with this decision through September 1, 2023 and submit a joint status report with the calculation and amount by August 30, 2023. Finally, plaintiff is directed to provide a Word version of the proposed injunction, modified as indicated in this decision, to the undersigned judge's proposed order e-mail address by August 30, 2023. (mk)
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Filing
319
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/23/2023: For the reasons described in the accompanying Memorandum Opinion and Order, the Court grants plaintiff's motion(s) for sanctions and imposes a monetary sanct ion of $82,770 in favor of plaintiff against defendants, jointly and severally. The monetary sanction must be paid in full by no later than February 13, 2023, and defendants are to file a notice of compliance by no later than February 14, 2023. In addition, plaintiff is directed to file by January 27, 2023 a submission of not more than five pages identifying any remaining documents covered by the Court's production orders that plaintiff believes defendants still have not produced. Defe ndants are directed to file by February 3, 2023 a response of not more than five pages. Attorney Timothy Novell's motion to withdraw is taken under advisement. Mr. Novell may file a response to his former law firm's December 29, 2022 submission by no later than January 30, 2023. Finally, the Court's order to show cause relating to contempt has been adequately dealt with by the present order and other previous orders and is therefore withdrawn without prejudice. (mk)
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Filing
195
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/26/2022: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants summary judgment in favor of the defendants on the plaintiff's ICF A claim (count one of Curry's complaint) but otherwise denies their motion [dkt. no. 170]. The Court denies the plaintiff's motion for summary judgment in its entirety [dkt. no. 177]. The case is set for a telephonic status hearing on Feb ruary 2, 2022 at 9:20 a.m. to set a trial date and discuss the possibility of settlement. The following call-in number will be used: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
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Filing
84
ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION, signed by the Honorable Matthew F. Kennelly on 4/1/2020. For the reasons stated in the accompanying Order, the Court denies plaintiff Charles Curry's motion for reconsideration 80 . The Co urt also notes that Curry has noticed his previously-filed motion for preliminary injunction for presentment on April 9, 2020. This district is not holding court proceedings for the time being, pursuant to General Order 20-0012, as amended (posted o n the district's website, www.ilnd.uscourts.gov). For this reason, the Court vacates the April 9 hearing. Defendants are directed to file a written response to the motion for preliminary injunction by April 22, 2020, and plaintiff is directed to file a reply to the response by May 6, 2020. These deadlines are not affected by General Order 20-0012, as amended, and they will not be affected by any similar general order entered hereafter. The telephone status hearing previously set for April 27, 2020 is vacated and reset to May 11, 2020 at 9:00 a.m. The parties are to jointly call chambers (312-435-5618). (mk)
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Filing
79
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/23/2020: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court dismisses plaintiff's claims against defendant Rev Labs Management, Inc. f or lack of personal jurisdiction but denies the motion by defendants Barry Nussbaum and Joshua Nussbaum to dismiss the claims against them on that basis. The remaining defendants--Revolution Laboratories, LLC and the Nussbaums--are directed to answer plaintiff's complaint by no later than April 20, 2020. (mk)
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Filing
47
MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 8/15/2017: For the foregoing reasons, the Court grants defendants' motion to dismiss the claims against them for lack of personal jurisdiction [dkt. no. 35] and denies Curry's request for sanctions. The status and ruling date set for August 17, 2017 is vacated. The Clerk is directed to enter judgment dismissing the case for lack of personal jurisdiction. Mailed notice. (pjg, )
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