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Slow Movement on Double Door Eviction Case Frustrates Even the Judge

 Double Door's owners are locked in a legal battle with their landlord.
Double Door's owners are locked in a legal battle with their landlord.
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DNAinfo/Alisa Hauser

DOWNTOWN — One of Double Door's co-owners showed up to court Thursday days after a judge told his attorney "game time is over" — but little was resolved.

Double Door's owners, Sean Mulroney and Joe Shanahan, have been locked in a battle with their landlord, Brian Strauss, to keep the club open at 1572 N. Milwaukee Ave. The fight has recently centered around a letter Mulroney said he wrote and delivered in April asking to renew Double Door's lease for three years.

Double Door was required to give 180 days notice if it was going to renew the lease, which expired Oct. 31. But William Dorsey, an attorney for Strauss, said Mulroney's letter was not sent by certified mail and there's no evidence it was received.

Dorsey wants an independent company to find the letter in Mulroney's computer and determine when the letter was created. The company would present its findings to Cary Schiff, the lawyer for Double Door, who would tell the court what was found.

Attorneys bickered over Dorsey's proposal, with Schiff saying his client had "legitimate objections" to having his computer searched because he is also a lawyer. Schiff referenced Apple's high-profile legal battle with the FBI to keep from being forced to unlock a phone while arguing that Mulroney should be deposed and given a chance to say where and when the letter was created before his computer is searched.

"I think it's ridiculous to do this without more scrutiny," Schiff said.

Judge Orville Hambright Jr. said he's "not a techie" but it should be easy to go to the file and determine when it was created. Still, he said the situation is "delicate."

Dorsey argued he has no interest in the other files on Mulroney's computer, they could use a third party both sides agree to and the third party would report to Schiff.

"All we care about is this letter," Dorsey said.

Frustrated by the back-and-forth, Hambright told the attorneys they would meet again on March 14 — and the lawyers needed to figure out what they want to do with the computer before then.

The attorneys did resolve a dispute over checks sent from Mulroney to Strauss. Mulroney wrote "rent" and "dividends" instead of "use and occupancy" on occupancy checks to Strauss, and Strauss refused to cash them, Dorsey said.

Mulroney and Schiff said that was caused by a "miscommunication" and they had provided appropriately labeled checks on Thursday.

Related stories:

Double Door Eviction Judge Losing Patience, Tells Owner 'Game Time is Over' (March 1)

Double Door Eviction Delayed as Court Fight Continues (Jan. 27)

Double Door Eviction Fight: Music to Continue as Case Drags On (Jan. 8)

Double Door Building Sale to Downtown Investors Underway, Records Show (Jan. 5)

Double Door's Landlord Could Be Close to Selling Iconic Club's Building (Dec. 17, 2015)

Lawyer in Double Door Eviction Case: 'Time for Them to Go' (Dec. 10, 2015)

Double Door Liquors, Iconic Wicker Park Music Venue, Facing Eviction (Dec. 3, 2015)

Vintage Bass Guitar Missing After Double Door Owner Plays Diabetes Benefit (June 19, 2015)

Friends Rally to Help Double Door Worker Facing $46,000 on Medical Bills (Dec. 5, 2014)

Double Door to Open Third Entrance For First Time (July 10, 2013)

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