Opinion
1:18-cv-2726
11-11-2021
TY INC., a Delaware corporation, Plaintiff, v. ESQUIRE LICENSING LLC, a New York limited liability company; ESQUIRE FOOTWEAR LLC, a New York limited liability company; and ISAAC SAADA, Defendants.
Young B. Kim, Magistrate Judge.
DECLARATION OF THERESE L. TULLY IN SUPPORT OF PLAINTIFF TY INC.'S MOTION FOR ENTRY OF FINAL JUDGMENT
Hon. Charles R. Norgle United States District Judge
I, Therese L. Tully, declare as follows:
1. I am a partner at the firm of Scandaglia Ryan LLP (“Scandaglia Ryan”) and serve as counsel for Plaintiff Ty Inc. (“Ty”) in the above-captioned matter. I have personal knowledge of the facts set forth herein. I submit this declaration in support of Ty's Motion for Entry of Final Judgment Against All Defendants (the “Motion”).
I. Attorneys' Fees
2. Scandaglia Ryan primarily represents large and sophisticated corporate and individual clients in complex commercial litigation.
3. Gregory Scandaglia (“Mr. Scandaglia”) is a co-founder and partner of Scandaglia Ryan. Mr. Scandaglia serves as counsel for Ty in the above-captioned matter. Mr. Scandaglia received his J.D. from Washington College of Law at The American University located in Washington D.C. in 1986. After law school, Mr. Scandaglia worked as a prosecutor for the United States Department of Justice in the Antitrust Division. After that, Mr. Scandaglia practiced with Jenner & Block in Chicago, a nationally known trial practice firm. Mr. Scandaglia joined the partnership at Jenner & Block in 1994. Mr. Scandaglia co-founded Scandaglia Ryan in 2001.
4. Mr. Scandaglia has extensive experience in complex commercial litigation and arbitration matters.
5. Mr. Scandaglia serves as lead counsel for Ty in the above-captioned matter.
6. I received my J.D. from Loyal University Chicago School of Law in 1996. After law school, I worked as a law clerk for the Honorable Martin Ashman of the United States District Court for the Northern District of Illinois. After that, I worked as an associate at Jenner & Block in Chicago, a nationally known trial practice firm, and then as an attorney at the Federal Trade Commission. I joined Scandaglia Ryan in 2003.
7. I have extensive experience in complex commercial litigation and arbitration matters.
8. Joseph Swee (“Mr. Swee”) is an associate at Scandaglia Ryan and serves as counsel for Ty in the above-captioned matter.
9. Mr. Swee received his J.D. from the John Marshall Law School in 2015. After law school, he worked as a law clerk for the Honorable Jeffrey Gilbert of the United States District Court for the Northern District of Illinois. Mr. Swee joined Scandaglia Ryan as an associate in 2018.
10. Denise Waters (“Ms. Waters”) is a paralegal at Scandaglia Ryan and has decades of experience serving as a paralegal on complex commercial matters.
11. Exhibit 2-C to the Motion contains true and accurate copies of the profiles for Mr. Scandaglia, Mr. Swee, and myself posted on Scandaglia Ryan's website. To the best of my knowledge, the contents of those profiles are true and accurate.
12. Mr. Scandaglia's standard hourly rate was: $595 in 2019, $610 in 2020, and $625 in 2021.
13. My standard hourly rate was: $480 in 2019, $500 in 2020, and $520 in 2021.
14. Mr. Swee's standard hourly rate was: $325 in 2019, $375 in 2020, and $400 in 2021.
15. Ms. Water's standard hourly rate was: $240 in 2019, $255 in 2020, and $270 in 2021.
16. Scandaglia Ryan regularly charged and collected these standard rates for the work performed by Mr. Scandaglia, Mr. Swee, Ms. Waters, and me in other comparable matters.
17. Ty paid these standard rates for the work performed by Scandaglia Ryan in connection with this matter.
18. I am generally familiar with the hourly rates for Chicago area law firms comparable to Scandaglia Ryan. Based on my knowledge of the prevailing market rates in the community, the hourly rates charged by Scandaglia Ryan's attorneys and paralegal are not in excess of the range of hourly rates charged by comparable attorneys in comparable cases.
19. Exhibit 2-B to the Motion includes true and accurate copies of billing records for attorneys' fees and expenses paid by Ty in connection with the above-captioned matter between April 6, 2019 and September 30, 2021.
20. The billing records contain the time, work, and description of the work performed on this case by Scandaglia Ryan's attorneys or paralegal. The billing records were created in the normal course of business by Scandaglia Ryan on or about the date of each invoice. Time entries for which Ty is not seeking to recover its attorneys' fees have been redacted.
21. Scandaglia Ryan distributed litigation tasks according to the experience level of the attorneys, and it deployed Ms. Waters and other staff members appropriately. Some tasks required more than one attorney due to the complex nature of the issues or time constraints. However, Ty's counsel were careful to avoid duplication.
22. Care was taken to include attorneys with lower billable rates to perform tasks commensurate with their experience such as research assignments, factual and legal investigations, and drafting the first draft of certain pleadings, motions, and correspondence.
23. The fees billed to Ty by Scandaglia Ryan in connection with this litigation are consistent with Scandaglia Ryan's ordinary and customary billing practices in similar lawsuits.
24. The total attorneys' fees paid by Ty in connection with the above-captioned matter exceed $1,250,000.
II. Bill of Costs
25. The costs included in Ty's Bill of Costs filed as Exhibit 3 to the Motion were reasonably incurred in this action, and the services for which the costs have been charged were actually and reasonably performed.
a. Fees of the Clerk
26. Ty's Bill of Costs seeks $400.00 in fees of the clerk.
27. This total consists of the Civil Filing Fee of $400.00 that Ty paid to initiate this action.
28. The costs that Ty paid to initiate this action are accurately reflected in the chart included in Exhibit 3-A to the Motion.
29. True and accurate copies of supporting documentation reflecting fees incurred by Ty to initiate this action are included in Exhibit 3-A to the Motion.
b. Fees for Service of Summons and Subpoenas
30. Ty paid costs in the amount of $3,312 to serve summons and subpoenas in this matter.
31. Ty's Bill of Costs seeks $2,515.00 in fees for service of summons and subpoenas.
32. This total consists of expenses paid by Ty to serve summons on the defendants and to serve subpoenas on third parties.
33. The costs that Ty paid to serve summons and the complaint on the defendants are accurately reflected in the chart included in Exhibit 3-B to the Motion.
34. The costs that Ty paid to serve subpoenas in this action are accurately reflected in the chart included in Exhibit 3-B to the Motion.
35. Ty served subpoenas on 23 companies that purchased products from the defendants incorporating Ty's intellectual property or communicated about doing so. These entities are: Amazon.com LLC; Bed Bath & Beyond, Inc.; Big 5 Sporting Goods Corp; Build-A-Bear; Burlington Coat Factory Holdings, LLC; Coppins Hallmark; CVS Pharmacy, Inc.; Dollar General; Family Dollar, Inc.; H-E-B, LP; It' Sugar LLC; J.C. Penney Corp., Inc.; Jump Footwear; Kohl's Department Store, Inc.; LTD Commodities LLC; Meijer, Inc.; Party City Corporation; Rite Aid of Illinois, Inc.; Ross Stores; Sears Roebuck and Co.; Shoe Show, Inc.; The TJX Companies, Inc.; and Wallgreens.com Inc. In these subpoenas, Ty sought documents including (1) records for allegedly improper or infringing sales made by the defendants and (2) communications regarding allegedly improper or infringing sales.
36. Multiple attempts, including the issuance of multiple materially similar subpoenas, were necessary to serve Jump Footwear LLC. To the best of my knowledge, Mr. Saada owned and controlled Jump Footwear at the time that service was attempted.
37. Ty served subpoenas on the accountant for Esquire Footwear, LLC (which was LM Cohen & Co. Certified Public Accountants) and five lenders to Esquire Footwear, LLC (including The CIT Group/Commercial Services, Inc.; Merchant Business Credit, Inc.; Merchant Factors Corp.; On Deck Capital, Inc.; and White Oak Commercial Finance LLC). In these subpoenas, Ty sought documents including (1) records for allegedly improper or infringing sales made by the defendants, (2) corporate documentation relevant to Ty's alter ego claims, and (3) records relevant to the defendants' financial condition.
38. Ty served subpoenas on four former owners and/or employees of Esquire Licensing LLC and/or Esquire Footwear LLC. These were: Lee Cohen, David Cohen; Matthew Otto; and Chris Askins. In these subpoenas, Ty sought documents including (1) documents related to the defendants' alleged failure to pay amounts owed to Ty, (2) documents related to the defendants' allegedly infringing sales, and (3) documents related to Ty's alter ego claims.
39. The process server hired by Ty was required to complete multiple attempts at service on Lee Cohen and David Cohen.
40. Ty served subpoenas on four insurers for Esquire Footwear LLC. These were: Hartford Insurance; Phoenix Insurance; Twin City Fire Insurance; and USI Insurance. In these subpoenas, Ty sought documents related to the defendants alleged failure to maintain insurance required under the Licensing Agreement.
41. Through the subpoenas that it served in this litigation, Ty obtained (a) documentation for millions of dollars in allegedly improper or infringing sales that were not reflected in invoices produced by any defendant during this litigation, and (b) financial and other records related to Ty's alter ego and other claims that were not produced by any defendant during this litigation.
42. The service of all the subpoenas issued by Ty in this litigation was reasonably necessary to support Ty's prosecution of this case.
43. True and accurate copies of supporting documentation reflecting fees incurred by Ty to serve summons and subpoenas are included in Exhibit 3-B to the Motion.
c. Fees for Exemplification and Copies
44. Ty's Bill of Costs seeks $4,200.24 in fees for exemplification and the cost of making copies.
45. Scandaglia Ryan has reasonably and necessarily printed or photocopied (collectively, “printed”) filings, discovery, legal authority, and other documents to assist in Ty's prosecution of this case. Documents were printed in black and white unless a color copy was reasonable or necessary to understand or use the documents.
46. Scandaglia Ryan maintains a log for printed documents that reflects the number of pages printed, the matter involved, and whether the pages were printed in color or black and white. The firm's paralegals and other administrative staff make entries in this log.
47. Scandaglia Ryan maintained such information in a log for documents printed to assist in Ty's prosecution of this case.
48. Scandaglia Ryan regularly bills its clients, including Ty, $0.12 per page for black and white copies and $0.20 per page for color copies.
49. Ty paid Scandaglia Ryan $3,650.24 for black and white copies and $550.00 for color copies that were reasonably and necessarily printed to assist in Ty's prosecution of this case. These expenses are reflected in Scandaglia Ryan's invoices to Ty.
50. The costs that Ty incurred for exemplification and copying in this action are accurately reflected in the chart included in Exhibit 3-C to the Motion.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 10, 2021 in Chicago, Illinois.
GROUP EXHIBIT 2
EXHIBIT 2-A
Ty Inc. v. Esquire Licensing LLC et al. No. 18-cv-2726 Fee Petition
Gregory Scandaglia
Therese Tully
Joseph Swee
Denise Waters
Total
2019
Billing Rate
$ 595.00
$ 480.00
$ 325.00
$ 240.00
Hours Billed
98.25
408.50
490.75
48.50
Total Billed
$ 58, 458.75
$ 196, 080.00
$ 159, 493.75
$ 11, 640.00
$ 425, 672.50
2020
Billing Rate
$ 610.00
$ 500.00
$ 375.00
$ 255.00
Hours Billed
15.00
157.67
200.75
25.25
Total Billed
$ 9, 150.00
$ 78, 833.33
$ 75, 281.25
$ 6, 438.75
$ 169, 703.33
2021
Billing Rate
$ 625.00
$ 520.00
$ 400.00
$ 270.00
Hours Billed
7.00
44.92
145.75
16.50
Total Billed
$ 4, 375.00
$ 23, 356.67
$ 58, 300.00
$ 4, 455.00
$ 90, 486.67
Total Billed
$ 71, 983.75
$ 298, 270.00
$ 293, 075.00
$ 22, 533.75
$ 685, 862.50
EXHIBIT 2-B Filed under Seal
EXHIBIT 2-C
Gregory Scandaglia began his legal career as a prosecutor for the United States Department of Justice in the Antitrust Division. During his six years with the Division, he successfully prosecuted federal antitrust cases, both civil and criminal, across five states. Following his stint in government service, Mr. Scandaglia spent the next eight years in private practice at Jenner & Block LLP, where he made partner in December 1994. In January 2001, Mr. Scandaglia set out in a new direction, launching his own litigation firm.
Mr. Scandaglia has extensive litigation experience representing clients in areas such as antitrust, commercial real estate disputes, computer technology, product liability, mass tort and environmental, telecommunications, white collar defense, patent, trademark and contract law. He also is skilled in alternative dispute resolution methods, including arbitration and mediation.
Representative Matters
Notable Trials
• Sirazi v. General Mediterranean Holdings, 12 CV653 (N.D. Ill) - Obtained judgment of $12.9 million in compensatory damages and $5 million in punitive damages on claims for conspiracy, tortious interference with contract, and unjust enrichment relating to the transfer of a 62-acre parcel of Chicago real estate in violation of a secured collateral agreement. The case involved a London-based billionaire and his companies conspiring with Chicago businessman (and convicted felon) Tony Rezko to defraud the plaintiffs out of funds owed to them by Rezko and the assets securing those debts. The jury returned the verdict in plaintiffs'favor in only two hours following a two-week trial. Verdict selected by National Law Journal as one of the top 100 verdicts of 2015.
• Amakua Development LLC v. H. Ty Warner, et al. No. 05 C 3082 (N.D. Ill) - Secured a jury verdict of no liability for H. Ty Warner, Ty Inc., Ty Warner Hotels & Resorts LLC and JTL Capital Corporation in a lawsuit in which plaintiff Amakua sought more than $30 million in damages plus punitives in relation to the sale of the Las Ventana's Resort in Los Cabos, Mexico from JTL Capital to Ty Warner Hotels & Resorts.
Appellate Advocacy
• United States v. Warner, 792 F.3d 847, No. 14-1330 (7th Cir.) - Successfully defended on appeal criminal sentence of probation and community service in criminal tax evasion case.
• Sirazi v. General Mediterranean Holding, SA, 826 F.3d 920 (7th Cir. 2016) - Handled successful defense on appeal of $22.9 million jury verdict before the Seventh Circuit.
Complex Commercial Litigation
• Seidel v. Silvergate Bank (18 L 126, Lake County Circuit Court) - On behalf of a California-based bank, obtained dismissal of plaintiff's breach of mortgage contract action after successfully arguing that the mortgage contract at issue in the case was legally inoperative because it had been previously merged into a prior judgment. The court also agreed with SR's argument that the contract action was legally barred under the doctrine of res judicata because prior litigation had adjudicated the same set of issues. The court also sided with SR that the contract action was untimely filed in violation of Illinois' 10-year statute of limitations
for written contracts. The court's decision not only confirmed Eric and Greg's legal strategy mapped out early in the case but also saved the client the time and expense of continued litigation including any discovery, further motion practice, and trial. The dismissal order was affirmed in all respects by, Seidel v. Silvergate Bank, 2019 IL App (2d) 181036-U.
• Harmon, et al. vs. Atlantic Richfield Co., et al. (No. 08-LL-0005) - Defended a petroleum company in a suit asserting claims for negligence, nuisance, trespass, intentional and negligent infliction of emotional distress and punitive damages arising out of alleged oil contamination in a rural town.
• John A. Greager M.D. v. NIEW Legal Partners, Inc., et al. (No. 2009 L 0500) - Prevailed over a claim brought by a policyholder against an insurance company, asserting, amongst other things, vicarious liability for fiduciary breaches alleged against a lawyer that recommended and sold our client's insurance products.
• Represented a real estate investment firm in a $54 million commercial foreclosure lawsuit against a defaulted borrower.
• Represented a real estate investment firm in ADA Title III litigation against a New York City luxury hotel.
• Obtained a $37 million insurance settlement on behalf of a corporate owner of a crashed business jet.
• Represented a major pharmaceutical manufacturer in a breach of contract and intentional misconduct action against a supplier of chemical reagent.
• Represented a national retailer in regulatory proceedings relating to its implementation of uniform pricing policies.
• Defended a major insurance carrier in a $10 million excess coverage claim.
• Defended a major toy manufacturer in employment, breach of contract and software trade secret litigation.
• Defended a major telecommunications firm in a national class action alleging deceptive trade practices.
• Represented a major securities firm in a multimillion-dollar breach of contract and professional malpractice action.
• Defended a manufacturer of industrial equipment in a patent infringement action.
• Secured insurance coverage on behalf of a property owner for substantial water damage to client's multi-million dollar property. Coverage was initially questioned by the insurance company asserting exclusion, but the insurer ultimately decided to cover the claim after thorough investigation without the necessity of filing a lawsuit.
White Collar Criminal Defense
• United States v. Warner, No. 13 CR 00731 (N.D. Ill) - Secured sentence of probation and community service on behalf of client with an undeclared Swiss bank account containing more than $100 million. The defense was driven by negotiating a voluntary guilty plea to a single year of tax fraud despite the account being untaxed for more than a decade. At hearing, the government sought prison time in excess of one year, but the trial court awarded probation and community service. The sentence was affirmed on appeal despite the government's aggressive effort to impose prison time.
• Defended high-level executives in federal grand jury investigations into price-fixing, territorial allocation and output restriction in various manufacturing industries.
• Defended individual in federal grand jury investigation of alleged bankruptcy fraud and false statements.
• Defended individual in federal grand jury investigation of alleged commodity chemical price fixing.
Antitrust Litigation -- Sherman Act Cases
• Represented a corporate officer before the European Commission in Brussels in an international antitrust investigation.
• Defended a major toy manufacturer in multimillion-dollar antitrust action alleging price-fixing, dealer termination and unlawful refusal to deal.
• Prosecuted a price-fixing conspiracy in the retail gasoline industry.
• Prosecuted bid-rigging conspiracies in the manufacturing supplies and heavy machinery industry.
Antitrust Litigation - Clayton Act Investigations
• Conducted federal investigations into corporate mergers in the chemical, concrete, metal fabricating and building materials industries.
Antitrust Counseling
• Advised major corporations on the legality of various vertical and integrated business relationships.
• Served as consortium counsel to technology joint venture organization.
• Served as consortium counsel to electrical equipment manufacturing association.
• Served as consortium counsel to American Bimetallic Association.
Arbitration, Mediation, Alternative Dispute Resolution
• Completed liability phase of AAA arbitration in shareholder oppression, breach of contract, and breach of fiduciary case against multi-national real estate holding company. Case involves unlawful liquidation of client investment in real estate development project of a 62-acre Chicago real estate parcel known as “the 78.”
• Represented an aircraft services corporation in product liability arbitration involving a non-fatal air crash.
• Conducted an arbitration of a multimillion-dollar website development dispute on behalf of an e-commerce company.
• Represented a waste disposal firm in a breach of contract action relating to construction of multimillion-dollar landfill.
• Conducted mediation for a securities firm in a breach of contract and professional malpractice action.
• Conducted a mediation for an executive accused of fiduciary breaches and unfair competition.
• Conducted arbitration for minority investors in major Chicago real estate development project.
Selected Publications and Speaking Engagements
• “Temporary Restraining Orders and Preliminary Injunctions, ” Chapter 9, Illinois Institute for Continuing Legal Education, Business & Commercial Litigation 2012 edition, Co-author.
• “Expert Testimony… A Cautionary Tale, ” The Circuit Rider, The Journal of The Seventh Circuit Bar Association (November 2010), Co-author.
• "Public Accommodations and the Americans with Disabilities Act" (June 2008), Co-author.
• “The Commercial Foreclosure Process in Illinois, ” DePaul Business & Commercial Law Journal (Winter 2004), Co-author.
• “Express Preemption and Pre-Market Approval Under The Medical Device Amendments, ” Food and Drug Law Journal (Vol. 59, Number 2, 2004), Co-author.
• National Institute for Trial Advocacy Midwest Regional Program, Instructor (March 2003)
• National Institute for Trial Advocacy Deposition Program, Jenner & Block Instructor (April 2000)
• John Marshall Law School, Lecturer, “Working With Experts” (April 2000)
• “The Attorney and the Testifying Expert, ” CBA Record (Jan. 1996), Co-author.
Admissions, Affiliations and Honors
• Trial Bar: Northern District of Illinois
• Federal Bars: Seventh Circuit, Northern District of Illinois, Central District of Illinois and Eastern District of Michigan
• State Bar: Illinois
• The Seventh Circuit Bar Association, Member
• Executive Club of Chicago, Member (2009-2010)
• Chicago Bar Association, former Member of the Hearing Division, Judicial Evaluation Committee
• Kelly Hall YMCA, Board of Directors (August 2013 - present)
• Featured in the Q&A section of the Chicago Lawyer magazine, July 2009
• Selected as “Super Lawyer” and “Leading Lawyer” in the area of business litigation
• AV Preeminent™ 5.0 out of 5 peer review rating in Martindale-Hubbell Legal Directory.
, Reg. No. 3, 081, 059;
Education
• Washington College of Law, The American University, Washington, D.C.
- Juris Doctor, May 1986
- Deans' Fellow, 1983-1986
• State University of New York at Stony Brook, Stony Brook, New York
- Bachelors of Arts, 1983
- Certificate of Excellence, 1982-1983
- Dean's List, 1982, 1983
- Martin Buskin Journalism Scholarship, 1983
Therese L. Tully
Partner
(312) 580-2860
ttully@scandagliaryan.com
Therese Tully joined Scandaglia Ryan LLP in 2003 after working as an attorney with the Federal Trade Commission and as an associate at Jenner & Block LLC.
While at the FTC, Ms. Tully participated in several enforcement actions against parties engaged in internet scams, and handled the investigation of a multinational company involved in providing fraudulent medical treatments, during which she coordinated the enforcement efforts of three countries. Ms. Tully also served as a law clerk to the Honorable Martin C. Ashman of the U.S. District Court for the Northern District of Illinois from 1996-1998.
Ms. Tully has represented clients in all stages of litigation, many of which involve multimillion-dollar cases. She also has significant experience representing clients in a variety of matters, such as hospitality litigation, patent infringement, professional liability, commercial contracts and constitutional law.
Representative Matters
• FTC v. Capital Acquisitions & Management Corp et al., 04 C 7781 - Successfully represented an individual defendant in an action brought by the Federal Trade Commission alleging violations of the FTC Act and the FDCPA, arising out of corporate defendant's purchase, collection, and sale of certain consumer debts. Negotiated a very favorable consent order for the client.
• Les//'e Controls Inc 524(g) Asbestos Personal Injury Trust v. New Jersey Manufacturers Insurance et al. - (MER-L-2138-16) - Prosecuted claims on behalf of P.I. Trust related to insurance coverage available for mass tort injuries caused by exposure to products containing asbestos. On behalf of Trust, negotiated significant settlement with insurer.
• Kevin Boyle v. Ty Warner, 1260 BB Property LLC et. al.- (Case No. 1438671) - Successfully defended corporate and individual defendants in multi-million dollar litigation brought in California state court alleging breach of contract, wrongful eviction, intentional infliction of emotional distress and other tort claims. Negotiated highly favorable settlement of all claims where cost to client was less than defense costs.
• Harmon et al. vs. Atlantic Richfield Co. et al. (No. 08-LL-0005) - Defended a petroleum company in a suit asserting claims for negligence, nuisance, trespass, intentional and negligent infliction of emotional distress and punitive damages arising out of alleged oil contamination in rural town.
• Amakua Development LLC v. H. Ty Warner, et al. (No. 05 C 3082) - Secured a jury verdict of no liability for H. Ty Warner, Ty Inc., Ty Warner Hotels & Resorts LLC and JTL Capital Corporation in a lawsuit in which Amakua sought more than $30 million in damages plus punitives, in connection with the sale of the Las Ventanas Resort in Los Cabos, Mexico from JTL Capital to Ty Warner Hotels & Resorts.
• Auberge Resorts, LLC v. San Ysidro BB Property, LLC (No. 72 Y 181 00035 03 TMS, American Arbitration Assoc.) -Defended a California-based hotel and spa in a multimillion-dollar litigation brought by a management company over issues involving breach of contract and breach of fiduciary duties.
• Jewel Food Stores v. Target Corp. et al (No. 06 CH 00787) - Defended a major retailer in a lawsuit brought by a grocery chain seeking temporary and permanent injunctive relief arising out of an alleged breach of a lease agreement. Defeated the plaintiff's motion for a TRO and obtained a successful action for the client shortly before the injunction hearing was set to begin.
• K-B Farms, Inc. v. Wal-Mart Stores, Inc. (No. 07 CH 67) - Represented a real estate development company in a case addressing the issue of whether an automated teller machine operating inside a major discount retailer at a strip mall was considered a “bank” in violation of a use restriction prohibiting banking activity on the premises. Negotiated a highly favorable settlement that resulted in the client obtaining the key relief it sought.
• State of Connecticut v. Danahy - Defended an assistant to a high-profile basketball coach charged with ethics violation by a state agency and negotiated the seven-count complaint seeking six figure damages claim down to a one-count settlement with no admission of liability and a small fine.
• Represented a partner of a recruiting software company in a dispute with its general counsel, accused of embezzling corporate funds.
• FTC v. CSCT - Represented the government in an investigation of a multinational company providing fraudulent medical treatments and coordinated the enforcement efforts of three countries.
• MHC Inc. v. City of Santa Cruz - Represented the owner of manufactured home communities against several cities in California in litigating various novel constitutional claims, all arising out of the application of a rent control ordinance.
Selected Publications and Speaking Engagements
• “Tully's Law, ” Chicago Daily Law Bulletin, monthly Columnist.
• “Expert Testimony… A Cautionary Tale, ” The Circuit Rider, The Journal of The Seventh Circuit Bar Association (November 2010), Co-author.
• “Ethics & Practice, ” hosted by DePaul University's international legal fraternity, Phi Delta Phi. Panel member discussing legal practices and ethical dilemmas relating to the legal profession.
• Express Preemption and Premarket Approval Under the Medical Device Amendments," Food and Drug Law Journal (vol. 59, no.1), November 2004, Co-author.
Admissions, Affiliations and Honors
• Trial Bar: Northern District of Illinois
• Federal Bars: Seventh Circuit and Northern District of Illinois
• State Bar: Illinois
• American Bar Association
• National Association of Professional Women, Member
• Friends of Chicago Animal Care and Control, Member of the Associate Board of Directors (2011-2012)
• PAWS Chicago, Member of the Professional Board
• Erie Neighborhood House, TEAM Volunteer
• Academy of the Sacred Heart Alumnae and Alumni Association, Member
• Dignity Diner Program, Holy Covenant United Methodist Church, Volunteer Server (1996 - 1998)
• Dignity Diner Program, Law clerk coordinator (1997 - 1998)
• Partners in Education Tutor Program, Volunteer substitute tutor (1997 - 1998)
• Pro bono counsel on numerous cases, including death penalty appeal, political asylum appeal and divorce/order of protection case for an abused woman (1998 - 2002)
• AV® Preeminent™ 5.0 out of 5 peer review rating in Martindale-Hubbell Legal Directory
Education
• Loyola University Chicago School of Law, Chicago, Illinois
- Juris Doctor, magnacumlaude, 1996
- Loyola Merit Scholar
- Student Articles Editor, Loyola University Law Review (1995 - 1996)
- Staff Member, Loyola University Chicago Law Journal(1994 - 1996)
- American Jurisprudence Award for Excellence in Contracts and in Bioethics and the Law
- Dean's List
- Member, Alpha Sigma Nu (National Jesuit Honor Society)
- Phi Delta Phi legal fraternity
• Oakland University, Rochester
- Bachelor of Science in Finance, with Honors, 1993
- Beta Gamma Sigma (National Honor Society for Collegiate Schools of Business)
- Omicron Delta Epsilon (International Economics Honor Society)
- Golden Key National Honor Society
- Dean's List
Joseph R. Swee
Associate
(312) 580-2025
jswee@scandagliaryan.com
Joseph R. Swee joined Scandaglia Ryan LLP in February 2018. Mr. Swee focuses his practice on complex commercial litigation in federal and state courts. Mr. Swee has represented clients in matters involving antitrust, the False Claims Act, breach of contract, breach of fiduciary duty, and complex torts.
Mr. Swee studied Economics and History at Northwestern University, graduating magna cum laude and Phi Beta Kappa. He received his J.D. in 2015 from The John Marshall Law School, graduating summa cum laude. He served as Executive Student Publications Editor of the John Marshall Law Review.
From October 2015 to February 2018, Mr. Swee served as a law clerk to the Honorable Jeffrey T. Gilbert of the United States District Court for the Northern District of Illinois. During law school, he also was a legal extern for the Honorable Robert W. Gettleman, the Honorable Harry D. Leinenweber, and the Honorable Daniel J. Pierce.
Representative Matters
• Completed liability phase of AAA arbitration in shareholder oppression, breach of contract, breach of fiduciary case against multi-national real estate holding company. Case involves unlawful liquidation of client investment in real estate development project of a 62 acre Chicago real estate parcel known as "the 78."
• Represent a multinational toy company in litigation in federal court involving claims for breach of contract and infringement asserted against a former licensee and related defendants. Obtained the denial of defendants' motions to dismiss and strike the complaint, and prevailed on a motion to dismiss all counterclaims.
• Represented individual in litigation in federal court against the federal government. Won summary judgment on all claims under the False Claims Act.
• Represented a major food services company in federal grand jury investigation of alleged fraud in public contracting.
• Represented a construction company in a state antitrust investigation of alleged conspiracy and refusal to deal.
Admissions, Affiliations and Honors
• Federal Bars: Northern District of Illinois, Seventh Circuit
• State Bars: Illinois
• Bar Associations: Federal Bar Association, Seventh Circuit Bar Association
Education
• The John Marshall Law School, J.D., 2015
- Summa cum laude
- Order of John Marshall
- Executive Student Publications Editor, The John Marshall Law Review
• The University of Chicago, M.L.A., 2020
• Northwestern University, B.A., 2011
- Magna cum laude
- Phi Beta Kappa
GROUP EXHIBIT 3
(Image Omitted)
EXHIBIT 3-A
Ty Inc. v. Esquire Licensing LLC et al. No. 18-cv-2726 Bill of Costs: Fees of Clerk
Description
Amount
Bates Number for Supporting Documentation
Filing fee
$400.00
Clerk001
(Image Omitted)
EXHIBIT 3-B
(Image Omitted)
EXHIBIT 3-C
(Image Omitted)
EXHIBIT 4
(Image Omitted)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TY INC., a Delaware corporation, Plaintiff, v.
ESQUIRE LICENSING LLC, a New York limited liability company; ESQUIRE FOOTWEAR LLC, a New York limited liability company; and ISAAC SAADA, Defendants.
Case No. 1:18-cv-2726
[PROPOSED] FINAL JUDGMENT
WHEREAS, Plaintiff Ty Inc. (“Ty”) filed a Complaint (Dkt. No. 1), a First Amended Complaint (Dkt. No. 70), and a Second Amended Complaint (Dkt. No. 102);
WHEREAS, summons and a copy of the Complaint was served on Defendant Esquire Licensing LLC (“Esquire Licensing”);
WHEREAS summons and a copy of the First Amended Complaint was served on Defendants Esquire Footwear LLC (“Esquire Footwear”) and Isaac Saada (“Saada”)
WHEREAS, the Court has jurisdiction over the subject matter of this action and over Esquire Licensing, Esquire Footwear, and Saada;
WHEREAS, Esquire Licensing filed counterclaims (Dkt. No. 9), Esquire Licensing filed its first Amended Counterclaims (Dkt. No. 22), the Court dismissed the first Amended Counterclaims (Dkt. No. 60), Esquire Licensing filed its second Amended Counterclaims (Dkt. No. 78), Ty thereafter filed its Second Amended Complaint, Esquire Licensing sought (Dkt. No. 109) and was denied (Dkt. No. 143) leave to file new amended counterclaims, Esquire Licensing did not file any counterclaims after the filing of the Second Amended Complaint, Esquire Licensing thereby abandoned any counterclaims in this action, and there are no pending counterclaims as of the entry of this judgment;
WHEREAS, in the Second Amended Complaint, Ty asserted Counts against Esquire Licensing, Esquire Footwear, and Saada for breach of contract (Count I), trademark infringement (Count II), unfair competition and false designation of origin/false association (Count III), copyright infringement (Count IV), unfair competition (Count V), trademark dilution (Count VI), trademark infringement (Count VII), violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (Count VIII), unjust enrichment (Count IX), and breach of contract (Count X);
WHEREAS, Ty moved for default against Esquire Licensing and Esquire Footwear (Dkt. No. 173), the Court entered the default of Esquire Licensing and Esquire Footwear (Dkt. No. 176), Ty moved for default judgment against Esquire Licensing and Esquire Footwear (Dkt. No. 186), and the Court entered default judgment against Esquire Licensing and Esquire Footwear (Dkt. No. 191);
WHEREAS, Ty moved for sanctions against Saada including the entry of default judgment (Dkt. No. 183), Magistrate Judge Young B. Kim issued a Memorandum Report and Recommendation recommending that Ty's Motion be granted and that a default judgment be entered against Saada (Dkt. No. 193), Saada filed objections to the aforementioned Memorandum Report and Recommendation (Dkt. Nos. 197, 199), the Court agreed with Magistrate Judge Kim's Memorandum Report and Recommendation and adopted his findings and recommendations (Dkt. No. 200), and the Court entered default judgment against Saada (Dkt. No. 200);
WHEREAS, on November 11, 2021, Ty has moved for entry of a final judgment;
It is hereby ORDERED, ADJUDGED and DECREED that:
1. Judgment is entered in favor of Ty and against Esquire Licensing, Esquire Footwear, and Saada on Counts I, II, III, IV, V, VI, VII, and VIII of Ty's Second Amended Complaint.
2. Esquire Licensing, Esquire Footwear, and Saada have committed willful infringement of the following copyrighted works:
a. “Beanie Boos Dotty 37189, ” Reg. No. VAu 1-233-754;
b. “Beanie Boos Fantasia 36158, ” Reg. No. VA 1-979-191;
c. “37220 Beanie Boos Gilbert, ” Reg. No. VAu 1-282-309;
d. “Beanie Boos Kiki 37190, ” Reg. No. VAu 1-233-752;
e. “Beanie Boos Glamour 36085, ” Reg. No. VA 1-975-493;
f. “#C9934 Black & White Cat Boo, ” Reg. No. VAu 1-051-911;
g. “Beanie Boos PATCHES 37177, ” Reg. No. VA 2-128-177;
h. “Beanie Boos Tasha 36151, ” Reg. No. VA 1-979-002;
i. “36852 Beanie Boos PIXY, ” Reg. No. VA 2-126-588;
j. “Beanie Boos Sophie 36189, ” Reg. No. VA 1-979-182;
k. “Beanie Boos Rainbow 36043, ” Reg. No. VA 1-975-512;
l. “Beanie Boos Duke 36125, ” Reg. No. VA 1-941-061;
m. “Beanie Boos Oscar 36148, ” Reg. No. VA 1-979-013;
n. “Beanie Boos Buddies Safari Giraffe C9786, ” Reg. No. VAu 1-030-837; and
o. “Beanie Boos Slush 36006, ” Reg. No. VA 1-694-710.
3. Esquire Licensing, Esquire Footwear, and Saada have committed willful infringement of the following trademarks:
a. BEANIES
b. TY®, Reg. No. 2, 118, 114;
c. the Ty Heart Logo®, Reg. No. 1, 722, 141;
d. THE BEANIE BOOS COLLECTION™, Reg. No. 5, 541, 177;
e. BEANIE BOOS™, Reg. No. 5, 396, 599; and f. BEANIE BOOS™ (with stylized letters), Reg. No. 5, 396, 600.
4. Esquire Licensing, Esquire Footwear, and Saada have used counterfeit marks owned by Ty that are registered on the principal register in the United States Patent and trademark Office in connection with the sale, offering for sale, or distribution of goods or services.
5. Ty is hereby awarded its reasonable attorneys' fees in the amount set forth herein under the Lanham Act, the Copyright Act and the Illinois Consumer Fraud and Deceptive Business Practices Act.
6. Ty is hereby awarded its costs incurred in bringing this action in the amount set forth herein under Federal Rule of Civil Procedure 54(d)(1), the Lanham Act, and the Copyright Act.
7. Judgment as to damages, costs, and fees is entered in favor of Ty and against Esquire Licensing, Esquire Footwear, and Saada in the following amounts:
a. damages in the amount of
b. costs of the action in the amount of $7,115.24
c. attorneys' fees in the amount of $685,862.50
Esquire Licensing, Esquire Footwear, and Saada shall be jointly and severally liable.
8. Post-judgment interest accrues on the amount of the judgment at the rate provided by law from the date of this judgment.
9. Counts IX and X of Ty's Second Amended Complaint are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41.
10. This is a final judgment.
11. This Court retains jurisdiction of this matter for the purposes of enforcing the terms of this judgment.
IT IS SO ORDERED.