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BE2, LLC v. BE2.Net

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


July 12, 2010

BE2, LLC, ET AL., PLAINTIFFS,
v.
BE2.NET, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM

After the entry of a May 27, 2010 order of default in this action, judgment was entered on June 28, 2010 in accordance with the prove-up of damages submitted by plaintiffs be2, LLC and be2 Holding AG. Nikolay Ivanov ("Ivanov"), the individual defendant in the case (the other named defendant is be2.net), has for the second time communicated with the court by letter rather than by an appropriate filing. Because Ivanov does not show a copy was transmitted to plaintiffs' counsel, it is unclear whether the latter was an impermissible ex parte communication--but to cure any flaw in that respect, a copy of the June 30 letter is attached to this memorandum.

Nothing said in the Ivanov letter supports the alteration, let alone the vacatur, of the June 28 judgment (among other things, the court record reflects that Ivanov was given proper notice of all proceedings in the case). Accordingly this Court leaves the judgment order intact and will continue to await plaintiffs' submission of their claim for an award of attorneys' fees and expenses, an item that was left open by the judgment order.

20100712

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