Norman B. Newman, solely as Liquidating Trustee of the World Marketing Liquidating Trust v. Crane, Heyman, Simon, Welch & ClarMOTIONN.D. Ill.June 27, 2019IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NORMAN B. NEWMAN, as Liquidating Trustee of the World Marketing Liquidating Trust, Plaintiff, Civil Action No. 17-6978 v. Judge Thomas M. Durkin CRANE, HEYMAN, SIMON, WELCH & CLAR, Magistrate Judge Susan Cox Defendant. DEFENDANT’S MOTION FOR LEAVE TO FILE 5-PAGE SUR-REPLY Defendant, CRANE, HEYMAN, SIMON WELCH & CLAR (“CH”), by its undersigned counsel, hereby moves for leave to file a sur-reply in opposition to Trustee’s Motion for Partial Summary Judgment (“MPSJ”). In support thereof, CH states as follows: 1. On June 24, 2019, Trustee filed its reply in support of its MPSJ. Doc. 122. Trustee’s reply raises two issues that necessitate a response. First, Trustee’s reply mischaracterizes the WARN Act and the applicability of the UBC and FC exceptions. Second, Trustee’s reply asserts that WM failed to provide certain information to affected employees upon the mass layoffs. However, the record reflects that this information was in fact provided. 2. CH’s 5-page sur-reply briefly clarifies these two important issues and allows the Court to make a determination based upon an accurate representation of the law and facts. 3. While Trustee opposes this motion, allowing CH to file a sur-reply will not cause any prejudice. 4. A copy of the proposed sur-reply is attached as Exhibit A. Case: 1:17-cv-06978 Document #: 124 Filed: 06/27/19 Page 1 of 3 PageID #:2108 WHEREFORE, Defendant, CRANE, HEYMAN, SIMON WELCH & CLAR, respectfully requests that this Honorable Court enter an order granting CH leave to file a sur-reply in opposition to Trustee’s Motion for Partial Summary Judgment.. Joseph R. Marconi, ARDC #01760173 Ramses Jalapour, ARDC #6313128 LeighAnn M. Thomas, ARDC #6327687 Johnson & Bell, Ltd. 33 West Monroe Street, Suite 2700 Chicago, Illinois 60603 Tel: 312-372-0770 marconij@jbltd.com jalalpourr@jbltd.com thomasl@jbltd.com Respectfully submitted, CRANE, HEYMAN, SIMON, WELCH & CLAR By: __/s/ Joseph R. Marconi One of Its Attorneys Case: 1:17-cv-06978 Document #: 124 Filed: 06/27/19 Page 2 of 3 PageID #:2109 CERTIFICATE OF SERVICE I hereby certify that on June 27, 2019, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all attorneys of record. /s/ Joseph R. Marconi Case: 1:17-cv-06978 Document #: 124 Filed: 06/27/19 Page 3 of 3 PageID #:2110