Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 1 of 22 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`ANIMAL MEDICAL CENTER
`OF ORLAND PARK, INC.
`on behalf of Plaintiff and
`the class members defined herein,
`
`Plaintiff,
`
`v.
`
`MERCEDES MEDICAL, LLC
`d/b/a MERCEDES SCIENTIFIC
`and JOHN DOES 1-10,
`
`Defendants.
`
`COMPLAINT – CLASS ACTION
`
`MATTERS COMMON TO MULTIPLE COUNTS
`
`INTRODUCTION
`
`1.
`
`Plaintiff, Animal Medical Center of Orland Park, Inc., brings this action to secure
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`redress for the actions of Defendants, Mercedes Medical, LLC d/b/a Mercedes Scientific and
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`John Does 1-10, in sending or causing the sending of unsolicited advertisements to telephone
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`facsimile machines (Exhibits A-B) in violation of the Telephone Consumer Protection Act, 47
`
`U.S.C. §227 (“TCPA”), the Illinois Consumer Fraud Act, 815 ILCS 505/2 (“ICFA”), and the
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`common law.
`
`2.
`
`The TCPA expressly prohibits unsolicited fax advertising. Unsolicited fax
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`advertising damages the recipients. The recipient is deprived of its paper and ink or toner and
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`the use of its fax machine. The recipient also wastes valuable time it would have spent on
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`something else. Unsolicited faxes prevent fax machines from receiving and sending authorized
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`1
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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 2 of 22 PageID #:2
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`faxes, cause wear and tear on fax machines, and require labor to attempt to identify the source
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`and purpose of the unsolicited faxes.
`
`PARTIES
`
`3.
`
`Plaintiff Animal Medical Center of Orland Park, Inc. is an Illinois corporation
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`with offices at 16200 S. LaGrange Road, Orland Park, Illinois, where it maintains a telephone
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`facsimile machine that automatically prints on paper using toner/ ink.
`
`4.
`
`Defendant Mercedes Medical, LLC d/b/a Mercedes Scientific (“Defendant” or
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`“Mercedes Scientific”), is a Florida Limited Liability Company with its principal offices at
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`12210 Rangeland Parkway, Lakewood Ranch, FL 34211. Its registered agent is Troy E. Barnett
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`at that address. It does business in Illinois. Its registered agent and office in Illinois are
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`Registered Agents Inc., 2501 Chatham Road, Ste R., Springfield, IL 62704.
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`5.
`
`Defendants John Does 1-10 are other natural or artificial persons that were
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`involved in the sending of the facsimile advertisements described below. Plaintiff does not know
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`who they are.
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`JURISDICTION AND VENUE
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`6.
`
`This Court has jurisdiction under 28 U.S.C. §§1331 and 1367. Mims v. Arrow
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`Financial Services, LLC, 132 S. Ct. 740, 751-53 (2012); Brill v. Countrywide Home Loans, Inc.,
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`427 F.3d 446 (7th Cir. 2005).
`
`7.
`
`Personal jurisdiction exists under 735 ILCS 5/2-209, in that Defendants:
`
`a.
`
`b.
`
`Have committed tortious acts in Illinois by causing the transmission of
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`unlawful communications into the state.
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`Have transacted business in Illinois.
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`8.
`
`9.
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` Venue in this District is proper for the same reason.
`
`FACTS
`
`On or about November 20, 2020, Animal Medical Center of Orland Park, Inc.,
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`received the unsolicited fax advertisement attached as Exhibit A on its facsimile machine.
`
`10.
`
`On or about December 4, 2020, Animal Medical Center of Orland Park, Inc,
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`received the unsolicited fax advertisement attached as Exhibit B on its facsimile machine.
`
`11.
`
`Exhibits A-B were sent by Defendant Mercedes Medical, LLC d/b/a Mercedes
`
`Scientific and encourage the recipient to purchase goods and services from Mercedes Scientific.
`
`12.
`
`13.
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`Discovery may reveal the transmission of additional faxes as well.
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`Defendant Mercedes Medical, LLC d/b/a Mercedes Scientific is responsible for
`
`sending or causing the sending of the faxes.
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`14.
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`Each fax refers to the trade name, website, address and telephone number of
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`Defendant Mercedes Medical, LLC d/b/a Mercedes Scientific.
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`15.
`
`The website offers goods and services, including goods and services that would
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`be of use to a veterinary practice.
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`16.
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`Defendants either negligently or wilfully violated the rights of Plaintiff and
`
`other recipients in sending the faxes.
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`17.
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`Plaintiff had no prior relationship with Defendants and had not authorized the
`
`sending of fax advertisements to Plaintiff.
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`18.
`
`On information and belief, the faxes attached hereto was sent as part of a mass
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`broadcasting of faxes.
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`3
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`19.
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`On information and belief, Defendants directed the sending of the fax
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`advertisements and have transmitted similar unsolicited fax advertisements to at least 40 other
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`persons in Illinois.
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`20.
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`There is no reasonable means for Plaintiff or other recipients of Defendants’
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`unsolicited advertising faxes to avoid receiving illegal faxes. Fax machines must be left on and
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`ready to receive the urgent communications authorized by their owners.
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`21.
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`Furthermore, the “opt out notice” required by the TCPA even when faxes are sent
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`with consent or pursuant to an established business relationship was not provided in the faxes at
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`issue.
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`22.
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`23.
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`COUNT I – TCPA
`
`Plaintiff incorporates ¶¶ 1-21.
`
`The TCPA makes unlawful the “use of any telephone facsimile machine,
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`computer or other device to send an unsolicited advertisement to a telephone facsimile machine
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`...” 47 U.S.C. §227(b)(1)(C).
`
`24.
`
`The TCPA, 47 U.S.C. §227(b)(3), provides:
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`Private right of action.
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`A person or entity may, if otherwise permitted by the laws or rules of court
`of a State, bring in an appropriate court of that State–
`
`(A) an action based on a violation of this subsection or the regulations
`prescribed under this subsection to enjoin such violation,
`
`(B) an action to recover for actual monetary loss from such a
`violation, or to receive $500 in damages for each such violation,
`whichever is greater, or
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`(C) both such actions.
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`If the Court finds that the defendant willfully or knowingly violated this
`subsection or the regulations prescribed under this subsection, the court
`may, in its discretion, increase the amount of the award to an amount equal
`to not more than 3 times the amount available under the subparagraph (B) of
`this paragraph.
`
`25.
`
`Plaintiff and each class member suffered damages as a result of receipt of the
`
`unsolicited faxes, in the form of paper and ink or toner consumed as a result. Furthermore,
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`Plaintiff’s statutory right of privacy was invaded.
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`26.
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`27.
`
`28.
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`Plaintiff and each class member is entitled to statutory damages.
`
`Defendants violated the TCPA even if its actions were only negligent.
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`Defendants should be enjoined from committing similar violations in the future.
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`CLASS ALLEGATIONS
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`29.
`
`Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of
`
`a class. The class consists of (a) all persons with Illinois fax numbers (b) who, on or after a date
`
`four years prior to the filing of this action (28 U.S.C. §1658), (c)were sent faxes by or on behalf
`
`of Mercedes Medical, LLC d/b/a Mercedes Scientific promoting goods or services, (d) with
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`respect to which Defendant did not have evidence of consent or an established business
`
`relationship prior to sending the fax.
`
`30.
`
`The class is so numerous that joinder of all members is impractical. Plaintiff
`
`alleges on information and belief that there are more than 40 members of the class.
`
`31.
`
`There are questions of law and fact common to the class that predominate over
`
`any questions affecting only individual class members. The predominant common questions
`
`include:
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`5
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`a.
`
`b.
`
`c.
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`Whether Defendants engaged in a pattern of sending unsolicited fax
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`advertisements;
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`The manner in which Defendants compiled or obtained its list of fax
`
`numbers; and
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`Whether Defendants thereby violated the TCPA.
`
`32.
`
`Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has
`
`retained counsel experienced in handling class actions and claims involving unlawful business
`
`practices. Neither Plaintiff nor Plaintiff's counsel have any interests which might cause them not
`
`to vigorously pursue this action.
`
`33.
`
`Plaintiff’s claims are typical of the claims of the class members. All are based on
`
`the same factual and legal theories.
`
`34.
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`A class action is the superior method for the fair and efficient adjudication of this
`
`controversy. The interest of class members in individually controlling the prosecution of
`
`separate claims against Defendants is small because it is not economically feasible to bring
`
`individual actions.
`
`35.
`
`Numerous courts have certified class actions under the TCPA. Holtzman v.
`
`Turza, 08cv2014, 2009 WL 3334909, 2009 U.S. Dist. LEXIS 95620 (N.D.Ill. Oct. 14, 2009),
`
`aff’d in part, rev’d in part, vacated in part, 728 F.3d 682 (7th Cir. 2013); Ballard RN Center,
`
`Inc. v. Kohll's Pharmacy and Homecare, Inc. 2015 IL 118644, 48 N.E.3d 1060; American
`
`Copper & Brass, Inc. v. Lake City Indus. Products, Inc., 757 F.3d 540, 544 (6th Cir. 2014); In re
`
`Sandusky Wellness Center, LLC, 570 Fed.Appx. 437, 437 (6th Cir. 2014); Sandusky Wellness
`
`Center, LLC v. Medtox Scientific, Inc., 821 F.3d 992, 998 (8th Cir. 2016); Sadowski v. Med1
`
`6
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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 7 of 22 PageID #:7
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`Online, LLC, 07cv2973, 2008 WL 2224892, 2008 U.S. Dist. LEXIS 41766 (N.D.Ill. May 27,
`
`2008); CE Design Ltd. v. Cy’s Crabhouse North, Inc., 259 F.R.D. 135 (N.D.Ill. 2009); Targin
`
`Sign Systems, Inc. v. Preferred Chiropractic Center, Ltd., 679 F.Supp.2d 894 (N.D.Ill. 2010);
`
`Garrett v. Ragle Dental Laboratory, Inc., 10cv1315, 2010 WL 4074379, 2010 U.S. Dist. LEXIS
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`108339 (N.D.Ill. Oct. 12, 2010); Hinman v. M&M Rental Center, Inc., 545 F.Supp.2d 802
`
`(N.D.Ill. 2008); G.M. Sign, Inc. v. Group C Communications, Inc., 08cv4521, 2010 WL 744262,
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`2010 U.S. Dist. LEXIS 17843 (N.D.Ill. Feb. 25, 2010); Kavu, Inc. v. Omnipak Corp., 246 F.R.D.
`
`642 (W.D.Wash. 2007); Display South, Inc. v. Express Computer Supply, Inc., 961 So.2d 451,
`
`455 (La.App. 2007); Display South, Inc. v. Graphics House Sports Promotions, Inc., 992 So.2d
`
`510 (La.App. 2008); Lampkin v. GGH, Inc., 146 P.3d 847 (Ok.App. 2006); ESI Ergonomic
`
`Solutions, LLC v. United Artists Theatre Circuit, Inc., 203 Ariz. 94, 50 P.3d 844 (2002); Core
`
`Funding Group, LLC v. Young, 792 N.E.2d 547 (Ind.App. 2003); Critchfield Physical Therapy v.
`
`Taranto Group, Inc., 293 Kan. 285, 263 P.3d 767 (2011); Karen S. Little, L.L.C. v. Drury Inns,
`
`Inc., 306 S.W.3d 577 (Mo.App. 2010); Lindsay Transmission, LLC v. Office Depot, Inc.,
`
`4:12cv221, 2013 WL 275568, 2013 U.S. Dist. LEXIS 9554 (E.D.Mo. Feb. 24, 2013).
`
`36. Management of this class action is likely to present significantly fewer difficulties
`
`that those presented in many class actions, e.g. for securities fraud.
`
`WHEREFORE, Plaintiff requests that the Court enter judgment in favor of
`
`Plaintiff and the class and against Defendants for:
`
`a.
`
`b.
`
`Actual damages;
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`Statutory damages;
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`7
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`c.
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`d.
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`e.
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`An injunction against the further transmission of unsolicited fax
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`advertising;
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`Costs of suit;
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`Such other or further relief as the Court deems just and proper.
`
`COUNT II – ILLINOIS CONSUMER FRAUD ACT
`
`37.
`
`38.
`
`Plaintiff incorporates ¶¶ 1-21.
`
`Defendants engaged in unfair acts and practices, in violation of ICFA § 2, 815
`
`ILCS 505/2, by sending unsolicited fax advertising to Plaintiff and others.
`
`39.
`
`Unsolicited fax advertising is contrary to the TCPA and also Illinois law. 720
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`ILCS 5/26-3(b) makes it a petty offense to transmit unsolicited fax advertisements to Illinois
`
`residents.
`
`40.
`
`Defendants engaged in an unfair practice and an unfair method of competition by
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`engaging in conduct that is contrary to public policy, unscrupulous, and caused injury to
`
`recipients of their advertising.
`
`41.
`
`Plaintiff and each class member suffered damages as a result of receipt of the
`
`unsolicited faxes, in the form of paper and ink or toner consumed as a result.
`
`42.
`
`43.
`
`Defendants engaged in such conduct in the course of trade and commerce.
`
`Defendants’ conduct caused recipients of their advertising to bear the cost thereof.
`
`This gave Defendant an unfair competitive advantage over businesses that advertise lawfully,
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`such as by direct mail. For example, an advertising campaign targeting one million recipients
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`would cost $500,000 if sent by U.S. mail but only $20,000 if done by fax broadcasting. The
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`reason is that instead of spending $480,000 on printing and mailing his ad, the fax broadcaster
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`8
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`misappropriates the recipients’ paper and ink. “Receiving a junk fax is like getting junk mail
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`with the postage due”. Remarks of Cong. Edward Markey, 135 Cong Rec E 2549, Tuesday,
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`July 18, 1989, 101st Cong. 1st Sess.
`
`
`
`44.
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`Defendants’ shifting of advertising costs to Plaintiff and the class members in this
`
`manner makes such practice unfair. In addition, Defendants’ conduct was contrary to public
`
`policy, as established by the TCPA and Illinois statutory and common law.
`
`45.
`
`Defendants should be enjoined from committing similar violations in the future.
`
`CLASS ALLEGATIONS
`
`46.
`
`Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of
`
`a class. The class consists of (a) all persons with Illinois fax numbers (b) who, on or after a date
`
`3 years prior to the filing of this action (815 ILCS 505/10a), (c) were sent faxes by or on behalf
`
`of Mercedes Medical, LLC d/b/a Mercedes Scientific promoting goods or services, (d) with
`
`respect to which Defendant did not have evidence of consent or an established business
`
`relationship prior to sending the fax.
`
`47.
`
`The class is so numerous that joinder of all members is impractical. Plaintiff
`
`alleges on information and belief that there are more than 40 members of the class.
`
`48.
`
`There are questions of law and fact common to the class that predominate over
`
`any questions affecting only individual class members. The predominant common questions
`
`include:
`
`a.
`
`Whether Defendants engaged in a pattern of sending unsolicited fax
`
`advertisements; and
`
`9
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`b.
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`Whether Defendants thereby engaged in unfair acts and practices, in
`
`violation of the ICFA.
`
`49.
`
`Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has
`
`retained counsel experienced in handling class actions and claims involving unlawful business
`
`practices. Neither Plaintiff nor Plaintiff's counsel have any interests which might cause them not
`
`to vigorously pursue this action.
`
`50.
`
`Plaintiff’s claims are typical of the claims of the class members. All are based on
`
`the same factual and legal theories.
`
`51.
`
`A class action is the superior method for the fair and efficient adjudication of this
`
`controversy. The interest of class members in individually controlling the prosecution of
`
`separate claims against Defendants is small because it is not economically feasible to bring
`
`individual actions.
`
`52. Management of this class action is likely to present significantly fewer difficulties
`
`that those presented in many class actions, e.g. for securities fraud.
`
`WHEREFORE, Plaintiff requests that the Court enter judgment in favor of
`
`Plaintiff and the class and against Defendants for:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Appropriate damages;
`
`An injunction against the further transmission of unsolicited fax
`
`advertising;
`
`Attorney’s fees, litigation expenses and costs of suit;
`
`Such other or further relief as the Court deems just and proper.
`
`10
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`COUNT III – CONVERSION
`
`Plaintiff incorporates ¶¶ 1-21.
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`By sending Plaintiff and the class members unsolicited faxes, Defendants
`
`53.
`
`54.
`
`converted to their own use ink or toner and paper belonging to Plaintiff and the class members.
`
`55.
`
`Immediately prior to the sending of the unsolicited faxes, Plaintiff and the class
`
`members owned and had an unqualified and immediate right to the possession of the paper and
`
`ink or toner used to print the faxes.
`
`56.
`
`By sending the unsolicited faxes, Defendants appropriated to their own use the
`
`paper and ink or toner used to print the faxes and used them in such manner as to make them
`
`unusable. Such appropriation was wrongful and without authorization.
`
`57.
`
`Defendants knew or should have known that such appropriation of the paper and
`
`ink or toner was wrongful and without authorization.
`
`58.
`
`Plaintiff and the class members were deprived of the paper and ink or toner,
`
`which could no longer be used for any other purpose. Plaintiff and each class member thereby
`
`suffered damages as a result of receipt of the unsolicited faxes.
`
`59.
`
`Defendants should be enjoined from committing similar violations in the future.
`
`CLASS ALLEGATIONS
`
`60.
`
`Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of
`
`a class. The class consists of (a) all persons with Illinois fax numbers (b) who, on or after a date
`
`5 years prior to the filing of this action, (c) were sent faxes by or on behalf of Mercedes Medical,
`
`LLC d/b/a Mercedes Scientific promoting goods or services, (d) with respect to which Defendant
`
`did not have evidence of consent or an established business relationship prior to sending the fax.
`
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`61.
`
`The class is so numerous that joinder of all members is impractical. Plaintiff
`
`alleges on information and belief that there are more than 40 members of the class.
`
`62.
`
`There are questions of law and fact common to the class that predominate over
`
`any questions affecting only individual class members. The predominant common questions
`
`include:
`
`
`
`a.
`
`b.
`
`Whether Defendants engaged in a pattern of sending unsolicited fax
`
`advertisements; and
`
`Whether Defendants thereby converted the property of Plaintiff.
`
`63.
`
`Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has
`
`retained counsel experienced in handling class actions and claims involving unlawful business
`
`practices. Neither Plaintiff nor Plaintiff’s counsel have any interests which might cause them not
`
`to vigorously pursue this action.
`
`
`
`64.
`
`Plaintiff’s claims are typical of the claims of the class members. All are based on
`
` the same factual and legal theories.
`
`
`
`65.
`
`A class action is the superior method for the fair and efficient adjudication of this
`
`controversy. The interest of class members in individually controlling the prosecution of
`
`separate claims against Defendants is small because it is not economically feasible to bring
`
`individual actions.
`
`
`
`66. Management of this class action is likely to present significantly fewer difficulties
`
`that those presented in many class actions, e.g. for securities fraud.
`
`WHEREFORE, Plaintiff requests that the Court enter judgment in favor of
`
`Plaintiff and the class and against Defendants for:
`
`12
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`

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`a.
`
`b.
`
`c.
`
`d.
`
`Appropriate damages;
`
`An injunction against the further transmission of unsolicited fax
`
`advertising;
`
`Costs of suit;
`
`Such other or further relief as the Court deems just and proper.
`
`COUNT IV – TRESPASS TO CHATTELS
`
`67.
`
`68.
`
`Plaintiff incorporates ¶¶ 1-21.
`
`Plaintiff and the class members were entitled to possession of the equipment they
`
`used to receive faxes.
`
`69.
`
`Defendants’ sending Plaintiff and the class members unsolicited faxes interfered
`
`with their use of the receiving equipment and constitutes a trespass to such equipment. Chair
`
`King v. Houston Cellular, 95cv1066, 1995 WL 1693093 at *2 (S.D. Tex. Nov. 7, 1995) (denying
`
`a motion to dismiss with respect to Plaintiff's trespass to chattels claim for unsolicited faxes),
`
`vacated on jurisdictional grounds 131 F.3d 507 (5th Cir. 1997).
`
`70.
`
`71.
`
`Defendants acted either intentionally or negligently in engaging in such conduct.
`
`Plaintiff and each class member suffered damages as a result of receipt of the
`
`unsolicited faxes.
`
`72.
`
`Defendants should be enjoined from continuing trespasses.
`
`CLASS ALLEGATIONS
`
`73.
`
`Pursuant to Fed.R.Civ.P. 23(a) and (b)(3), Plaintiff brings this claim on behalf of
`
`a class. The class consists of (a) all persons with Illinois fax numbers (b) who, on or after a date
`
`5 years prior to the filing of this action, (c) were sent faxes by or on behalf of Mercedes Medical,
`
`13
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`LLC d/b/a Mercedes Scientific promoting goods or services, (d) with respect to which Defendant
`
`did not have evidence of consent or an established business relationship prior to sending the fax.
`
`74.
`
`The class is so numerous that joinder of all members is impractical. Plaintiff
`
`alleges on information and belief that there are more than 40 members of the class.
`
`75.
`
`There are questions of law and fact common to the class that predominate over
`
`any questions affecting only individual class members. The predominant common questions
`
`include:
`
`a.
`
`b.
`
`Whether Defendants engaged in a pattern of sending unsolicited fax
`
`advertisements; and
`
`Whether Defendants thereby committed a trespass to chattels.
`
`76.
`
`Plaintiff will fairly and adequately protect the interests of the class. Plaintiff has
`
`retained counsel experienced in handling class actions and claims involving unlawful business
`
`practices. Neither Plaintiff nor Plaintiff’s counsel have any interests which might cause them not
`
`to vigorously pursue this action.
`
`
`
`77.
`
`Plaintiff’s claims are typical of the claims of the class members. All are based on
`
` the same factual and legal theories.
`
`
`
`78.
`
`A class action is the superior method for the fair and efficient adjudication of this
`
`controversy. The interest of class members in individually controlling the prosecution of
`
`separate claims against Defendants is small because it is not economically feasible to bring
`
`individual actions.
`
`
`
`79. Management of this class action is likely to present significantly fewer difficulties
`
`that those presented in many class actions, e.g. for securities fraud.
`
`14
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`

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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 15 of 22 PageID #:15
`
`WHEREFORE, Plaintiff requests that the Court enter judgment in favor of
`
`Plaintiff and the class and against Defendants for:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Appropriate damages;
`
`An injunction against the further transmission of unsolicited fax
`
`advertising;
`
`Costs of suit;
`
`Such other or further relief as the Court deems just and proper.
`
`/s/ Daniel A. Edelman
`Daniel A. Edelman
`
`Daniel A. Edelman
`Dulijaza (Julie) Clark
`EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
`20 S. Clark Street, Suite 1500
`Chicago, Illinois 60603
`(312) 739-4200
`(312) 419-0379 (FAX)
`
`/s/ Frank F. Owen
`Frank F. Owen
`Florida Bar No. 0702188
`
`Frank F. Owen
`FRANK F. OWEN & ASSOCIATES, P.A.
`1091 Ibis Avenue
`Miami Springs, Florida 33166
`(305) 984-8915
`FFO@Castlepalms.com
`
`Attorneys for Plaintiff Animal Medical Center
`of Orland Park Inc. and all others similarly situated
`
`15
`
`

`

`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 16 of 22 PageID #:16
`
`JURY DEMAND
`
`Plaintiff demands trial by jury.
`
`/s/ Daniel A. Edelman
`Daniel A. Edelman
`
`Daniel A. Edelman
`Dulijaza (Julie) Clark
`EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
`20 S. Clark Street, Suite 1500
`Chicago, Illinois 60603
`(312) 739-4200
`(312) 419-0379 (FAX)
`
`/s/ Frank F. Owen
`Frank F. Owen
`Florida Bar No. 0702188
`
`Frank F. Owen
`FRANK F. OWEN & ASSOCIATES, P.A.
`1091 Ibis Avenue
`Miami Springs, Florida 33166
`Tel: (305) 984-8915
`FFO@Castlepalms.com
`
`Attorneys for Plaintiff Animal Medical Center
`of Orland Park Inc. and all others similarly situated
`
`16
`
`

`

`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 17 of 22 PageID #:17
`
`NOTICE OF LIEN AND ASSIGNMENT
`
` Please be advised that we claim a lien upon any recovery herein for 1/3 or such amount as
`a court awards. All rights relating to attorney’s fees have been assigned to counsel.
`
`/s/ Daniel A. Edelman
`Daniel A. Edelman
`
`Daniel A. Edelman
`Dulijaza (Julie) Clark
`EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
`20 S. Clark Street, Suite 1500
`Chicago, Illinois 60603
`(312) 739-4200
`(312) 419-0379 (FAX)
`
`/s/ Frank F. Owen
`Frank F. Owen
`Florida Bar No. 0702188
`
`Frank F. Owen
`FRANK F. OWEN & ASSOCIATES, P.A.
`1091 Ibis Avenue
`Miami Springs, Florida 33166
`Tel: (305) 984-8915
`FFO@Castlepalms.com
`
`Attorneys for Plaintiff Animal Medical Center
`of Orland Park Inc. and all others similarly situated
`
`17
`
`

`

`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 18 of 22 PageID #:18
`
`DOCUMENT PRESERVATION DEMAND
`
`Plaintiff hereby demands that Defendants take affirmative steps to preserve all recordings,
`data, documents, and all other tangible things that relate to Plaintiff, the events described herein,
`any third party associated with any telephone call, campaign, account, sale or file associated with
`Plaintiff, and any account or number or symbol relating to them. These materials are likely very
`relevant to the litigation of this claim. If Defendants are aware of any third party that has
`possession, custody, or control of any such materials, Plaintiff demands that Defendants request
`that such third party also take steps to preserve the materials. This demand shall not narrow the
`scope of any independent document preservation duties of the Defendants.
`
`/s/ Daniel A. Edelman
`Daniel A. Edelman
`
`Daniel A. Edelman
`Dulijaza (Julie) Clark
`EDELMAN, COMBS, LATTURNER & GOODWIN, LLC
`20 S. Clark Street, Suite 1500
`Chicago, Illinois 60603
`(312) 739-4200
`(312) 419-0379 (FAX)
`
`/s/ Frank F. Owen
`Frank F. Owen
`Florida Bar No. 0702188
`
`Frank F. Owen
`FRANK F. OWEN & ASSOCIATES, P.A.
`1091 Ibis Avenue
`Miami Springs, Florida 33166
`Tel: (305) 984-8915
`FFO@Castlepalms.com
`
`Attorneys for Plaintiff Animal Medical Center
`of Orland Park Inc. and all others similarly situated
`
`18
`
`

`

`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 19 of 22 PageID #:19
`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 19 of 22 PageID #:19
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`1'
`
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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 20 of 22 PageID #:20
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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 21 of 22 PageID #:21
`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 21 of 22 PageID #:21
`
`
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`
`EXHIBIT B
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`EXHIBIT B
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`

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`_—=1__
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`Case: 1:21-cv-00384 Document #: 1 Filed: 01/22/21 Page 22 of 22 PageID #:22
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