UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
NATIONAL ELECTRIC SIGN ASSOC.,
MAURICE R. ELY,
JOHN K. LAMB,
SIDNEY C. FRASER,
and HENRY K. LAMBKE,
Defendants.
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Civil Action No.: 51C2064
Judge: St. Eve
Filed: September 24, 2004
Entered: September 27, 2004
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JOINT MOTION TO ENTER ORDER TERMINATING FINAL
JUDGMENT
Plaintiff United States of America ("United States") and Defendants
the International Sign Association ("ISA"), the successor in interest
to Defendant National Electric Sign Association, and John K. Lamb move
this Court to enter an Order terminating the Final Judgment in the above-captioned
matter, and in support of this motion, state as follows:
- On June 23, 2004, the ISA and John K. Lamb moved to terminate the
Final Judgment entered by this Court on April 5, 1954.
- The United States tentatively agreed to the termination of the
Final Judgment subject to the following conditions:
- that ISA publish at its own expense a notice of the proposed
termination, in the form attached as Exhibit A to the Stipulation
filed with this Court on June 30, 2004, in two consecutive issues
of (1) The Washington Post and (2) Signs of the Times;
- that the United States publish in the Federal Register
a notice, in the form attached as Exhibit C to the Stipulation filed
with this Court on June 30, 2004, announcing the motion of ISA to
terminate the Final Judgment and the United States' tentative consent
to it and inviting the submission of comments;
- that copies of all comments received by the United States within
60 days after the last publication of the notices described in paragraphs
2 (a) and (b) above, and the United States' responses thereto, be
filed with the Court; and
- that an Order terminating the Final Judgment may be entered by
the Court upon the request of any party or by the Court sua
sponte at any time after the United States has filed with the
Court any comments that it receives and any responses thereto, provided
that the United States has not withdrawn its tentative consent.
- The Court entered an Order establishing notice and public comment
procedures for the motion to terminate the Final Judgment on July
1, 2004.
- ISA published a notice of the proposed termination in The Washington
Post on June 8 and 9, 2004, and in the July and August 2004 issues
of Signs of the Times. The August 2004 issue of Signs of
the Times was mailed to its subscribers on July 19, 2004. Copies
of proofs of publication from The Washington Post and Signs
of the Times are attached as Exhibits A
and B, respectively. The publication schedule
of Signs of the Times is attached as Exhibit
C.
- On July 14, 2004, the United States published in the Federal
Register a notice announcing the motion of ISA to terminate the
Final Judgment and the United States' tentative consent to it, and
inviting the submission of comments. A copy the Federal Register
notice is attached as Exhibit D.
- The 60-day comment period commenced on July 19, 2004 and terminated
on September 18, 2004.
- The United States did not receive any comments within the 60-day
comment period and thus did not file any comments or responses with
the Court.
- As of the date of this motion, all of the foregoing conditions
have been fulfilled and termination of the Final Judgment under the
procedures established by this Court is timely as of September 18,
2004.
- The United States and the Defendants request that this Court enter
the Order Terminating Final Judgment, a copy of which is attached
hereto as Exhibit E.(1)
Respectfully submitted,
FOR PLAINTIFF
UNITED STATES OF AMERICA
_________/s/______________________
Maribeth Petrizzi
DC Bar No. 435204
Chief, Litigation II Section
_________/s/______________________
James J. Tierney
DC Bar No. 434610
Assistant Chief, Litigation II Section
_________/s/_____________________
Stacy R. Procter
CA Bar No. 221078
Attorney, Litigation II Section
U.S. Department of Justice
Antitrust Division
Litigation II Section
1401 H Street, N.W.
Washington, D.C. 20530
(202) 514-8666
Facsimile: (202) 307-6283
Dated: September 23, 2004
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FOR DEFENDANTS
INTERNATIONAL SIGN ASSOCIATION
and JOHN K. LAMB
________/s/_______________________
Michael R. Reid
Keeley, Kuenn & Reid
150 North Wacker Drive
Chicago, IL 60606
Tel. (312)-782-1829
Fax (312) 782-4868
___________/s/____________________
Thomas E. Roche
Keeley, Kuenn & Reid
150 North Wacker Drive
Chicago, IL 60606
Tel. (312)-782-1829
Fax (312) 782-4868
___________/s/____________________
Nancie G. Marzulla, Esquire
Marzulla & Marzulla
1350 Connecticut Ave., NW
Suite 410
Washington, D.C. 20036
(202) 822-6760
Dated: September 24, 2004
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1. The proposed Order attached to this Joint Motion
varies slightly from the Order attached as Exhibit D to the Memorandum
of the United States filed on June 30, 2004. The Order attached as Exhibit
D neglected to note John K. Lamb as a co-moving Defendant or to terminate
his obligations under the Final Judgment. The Order attached hereto
corrects this oversight. Further, because the United States received
no comments during the 60-day comment period, the attached Order, unlike
the Order filed on June 30, removes reference to the Court having considered
all comments.
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