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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Repeated Improper Filings May Lead to Dismissal

Posted in Jurisdiction

Brown-Younger v. Lulu.com, No. 12 C 1979, Slip Op. (N.D. Ill. June 19, 2012) (Shadur, Sen. J.).

Judge Shadur sua sponte issued an order requiring pro se plaintiff to appear and answer the Court’s questions regarding whether plaintiff’s filings met the Fed. R. Civ. P. 11(b) requirement of objective good faith based upon a series of events in the case including:

  • Plaintiff brought her copyright infringement claims despite an arbitration clause in its publishing agreement with defendant Lulu.com.  And plaintiff failed to squarely answer why the arbitration claim did not govern the case.
  • Plaintiff “lash[ed]” out at Lulu.com - seeking a stay pending an FBI investigation - and plaintiff’s appointed counsel - which counsel refuted “chapter and verse.”
  • Plaintiff improperly sought continued sanctions against defendant Apple.