International Tax Advisors, Inc. v. Tax Law Assocs., LLC, No. 08 C 2222, Slip Op. (N.D. Ill. Feb. 15, 2011) (Valdez, Mag. J.)
Judge Valdez denied plaintiffs’ (collectively "ITA") motion for summary judgment, and granted defendants’ (collectively "TLA") motion for summary judgment as to ITA’s copyright claim, and chose not to retain supplemental jurisdiction over ITA’s remaining state law claims. While ITA may have had evidence to support its copyright claim, it did not properly cite to that evidence via its Local Rule 56.1 statement of uncontested material facts. And to the extent ITA cited directly to evidence it did so generally by description, without exhibit numbers or specific page cites.
The Court granted TLA summary judgment of noninfringement because ITA did not properly cite to facts in its Local Rule 56.1 statement showing a question of material fact.
The Court also granted TLA summary judgment as to ITA’s RICO claim because ITA only alleged one of the required two predicate acts.
Finally, the Court declined to exercise supplemental jurisdiction over the remaining claims.