Klinger v. Conan Doyle Estate, LtdMOTIONN.D. Ill.July 29, 2013 130621629v1 0943356 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LESLIE S. KLINGER, an individual, Plaintiff, v. CONAN DOYLE ESTATE, LTD, a business entity organized under the laws of the United Kingdom, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01226 Judge: The Hon. Ruben Castillo Magistrate Judge: The Hon. Sheila Finnegan PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FRCP 56 Plaintiff LESLIE S. KLINGER (“Plaintiff”), by and through his attorneys, Scott M. Gilbert and Kourtney A. Mulcahy of Hinshaw & Culbertson LLP, states the following as its Motion for Summary Judgment, made pursuant to Federal Rule of Civil Procedure 56: 1. Plaintiff Leslie S. Klinger filed a Complaint for Declaratory Judgment on February 14, 2013. (Dkt. 1). The Complaint sought a judicial determination and order declaring that the copyright had expired on certain works and story elements related to Sherlock Holmes, therefore placing them within the public domain. 2. The Defendant accepted service of process, but failed to file any form of responsive pleading. 3. On June 25, 2013, the Court entered a default order against the Defendant and granted the Plaintiff leave to file a motion for summary judgment or a motion for default. (Dkt. 10). Case: 1:13-cv-01226 Document #: 11 Filed: 07/29/13 Page 1 of 3 PageID #:45 2 130621629v1 0943356 4. There are no genuine issues of material fact at issue that would prevent this Court from granting summary judgment to the Plaintiff. Judgment as a matter of law is therefore appropriate. 5. Plaintiff is filing a Statement of Material Facts and a Memorandum of Law in support of this motion pursuant to Rule 56.1, both of which are incorporated herein by reference. WHEREFORE, the Plaintiff Leslie S. Klinger, respectfully requests judgment in its favor and against the Defendant, and that this Honorable Court enter an order granting any and all relief sought in relation to his claim. The Plaintiff further requests that this Court grant to him his attorney's fees and costs and any other relief as deemed fit and just. Scott M. Gilbert, ARDC No. 6282951 Kourtney A. Mulcahy, ARDC No. 6276695 HINSHAW & CULBERTSON LLP 222 N. LaSalle Street Chicago, IL 60601 Phone No.: 312-704-3000 Fax No.: 312-704-3001 Respectfully Submitted, Leslie S. Klinger By: /s/Scott M. Gilbert_____________ One of Defendant’s Attorneys Case: 1:13-cv-01226 Document #: 11 Filed: 07/29/13 Page 2 of 3 PageID #:46 3 130621629v1 0943356 CERTIFICATE OF SERVICE I hereby certify that on July 29, 2013, I electronically filed the attached PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT with the Clerk of the Court using the CM/ECF system, and sent by U.S. Mail such filing(s) to the following: Benjamin Allison 317 Paseo de Peralta Santa Fe, NM 87501 Jon Lellenberg Hazelbaker & Lellenberg 1501 Hinman Avenue #8B Evanston, IL 60201 Conan Doyle Estate, Ltd. 9 London Road, Southhampton, SO15 2AE United Kingdon /s/Scott M. Gilbert Scott M. Gilbert Case: 1:13-cv-01226 Document #: 11 Filed: 07/29/13 Page 3 of 3 PageID #:47