Games Workshop Limited v. Chapterhouse Studios LLC

MOTION

N.D. Ill.August 21, 2013

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GAMES WORKSHOP LIMITED, Plaintiff, v. CHAPTERHOUSE STUDIOS LLC and JON PAULSON d/b/a PAULSON GAMES Defendants. Civil Action No. 1:10-cv-8103 Hon. Matthew F. Kennelly Hon. Jeffrey T. Gilbert JOINT MOTION TO EXTEND DEADLINE FOR MOTION FOR ATTORNEYS’ FEES Plaintiff Games Workshop Limited (“Games Workshop”) and Defendants Chapterhouse Studios LLC (“Chapterhouse”) hereby move to alter the schedule for a possible Motion for Attorneys’ Fees in light of the Court Ordered mediation. In support of this motion, the parties state as follows: 1. Judgment, although not final judgment, was entered in this case on June 28, 2013 (Dkt. 403). 2. Games Workshop has filed its petition for costs under Federal Rule of Civil Procedure 54 on July 29, 2013 (Dkt. No. 416). As Games Workshop has previously informed the Court, it does not contemplate seeking an award of attorneys fees in this case. 3. Chapterhouse has filed its petition for costs under Federal Rule of Civil Procedure 54 on July 18, 2013 (Dkt. No. 414). Chapterhouse contemplates that it may seek an award of fees under applicable Copyright and/or Trademark statutes. Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 1 of 6 PageID #:22801 2 4. On July 16, 2013, the Court declined to enter a briefing schedule on the petitions for costs and ordered the parties to participate in a Settlement Conference with Judge Gilbert (Dkt. No. 411). The parties contemplate that the Court will set a briefing schedule on these petitions after the Settlement Conference is complete. 5. A Settlement Conference with Magistrate Judge Gilbert is currently set for September 16, 2013. 6. Pursuant to Local Rule 54.3(b), any motion for attorneys fees must be filed no later than 91 days after the entry of judgment on which the motion is founded. Prior to this date, the Local Rule requires the exchange of detailed billing information from both parties and the drafting of a joint statement regarding fee disputes. 7. Local Rule 54.3(g) provides that, “The court may on motion filed pursuant to this section, or on its own initiative, modify any time schedule provided for by this rule.” 8. The parties respectfully believe that good cause exists to alter the schedule provided for by Rule 54.3. As the Court noted in delaying entry of a briefing schedule on the pending motions for judgment as a matter of law, the petitions for costs, and on the entry of an injunction, the parties are better served in focusing on the upcoming settlement conference instead of expending more of the parties’ and the Court’s time and resources preparing and filing additional motions in this case. Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 2 of 6 PageID #:22802 3 9. Moreover, as a fundamental dispute exists as to whether Chapterhouse is entitled to any award of attorneys fees, the parties believe that good cause exists for the motion to be directed to this gateway issue. 10. Thus, the parties request that if any motion for attorneys fees is filed (within 30 days of the settlement conference), it should be directed solely to the issue of whether the party is entitled to any attorneys’ fees. If the Court decides that a party is entitled to any award of attorneys’ fees, the parties would immediately exchange the required information and submit a Joint Statement within 30 days of this Court’s decision. The movant would then file a Second Motion for Attorneys’ Fees within 21 days of the filing of the Joint Statement. Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 3 of 6 PageID #:22803 Dated: August 21, 2013 Respectfully submitted, /s/ Jason J. Keener Jason J. Keener (Ill. Bar No. 6280337) FOLEY & LARDNER LLP 321 North Clark Street, Suite 2800 Chicago, IL 60654-5313 Telephone: 312.832.4500 Facsimile: 312.832.4700 Email: jkeener@foley.com Jonathan E. Moskin FOLEY & LARDNER LLP 90 Park Avenue New York, New York 10016 Telephone: (212) 682-7474 Facsimile: (212) 687-3229 Email: jmoskin@foley.com Attorneys for Plaintiff Games Workshop Limited Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 4 of 6 PageID #:22804 By: /s/Imron T. Aly Julianne M. Hartzell Sarah J. Kalemeris Marshall, Gerstein & Borun LLP 6300 Willis Tower 233 S. Wacker Dr. Chicago, IL 60606 T: 312.474.6300 F: 312.474.0448 E: jhartzell@marshallip.com E: skalemeris@marshallip.com Jennifer Golinveaux (CA Bar No. 203056) Thomas J. Kearney (CA Bar No. 267087) WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5802 Phone: (415) 591-1000 Fax: (415) 591-1400 jgolinveaux@winston.com tkearney@winston.com Imron T. Aly (IL Bar No. 6269322) Bryce A. Cooper (IL Bar No. 6296129) WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL 60601-1695 Phone: (312) 558-5600 Fax: (312) 558-5700 ialy@winston.com bcooper@winston.com Attorneys for Defendant Chapterhouse Studios LLC Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 5 of 6 PageID #:22805 CERTIFICATE OF SERVICE I, Imron T. Aly, an attorney, hereby certify that on August 21, 2013, I caused to be filed electronically JOINT MOTION TO EXTEND DEADLINE FOR MOTION FOR ATTORNEYS’ FEES with the Clerk of the Court using the CM/ECF system, which will send an electronic copy of the foregoing to counsel of record and constitutes service under Federal Rule of Civil Procedure 5(b)(2)(D) pursuant to Local Rule 5.9 of the Northern District of Illinois. /s/ Imron T. Aly Case: 1:10-cv-08103 Document #: 417 Filed: 08/21/13 Page 6 of 6 PageID #:22806