No. 2009-1423. June 9, 2010. Appeal from the United States District Court for the Central District of California, Manuel L. Real, J. Lee F. Grossman, Niro, Scavone, Haller Niro, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Mark M. Grossman, Grossman Law Offices, of Chicago, IL; and Sean M. Kneafsey, Kneafsey, Tostado Associates LLP, of Los Angeles, CA. Gregory J. Vogler, McAndrews, Held Malloy, Ltd., of Chicago, IL, argued for defendant-appellee. With him on the brief