Save-A-Life Foundation v. Mattel, fed court complaint+agreement, (trademark infringement 2000-01)

8/9/2019 Save-A-Life Foundation v. Mattel, fed court complaint+agreement, (trademark infringement 2000-01)

1/19

Case'1:00-cv-03461 Joe ~T~ 06/08/2000 Pciyu 1 uf 15-

w

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JUDGE G0TTSCHALL

SAVE A LIFE FOUNDATION,

Plaintiff,

V

INC

j 00 c) Case No.

846X

MATTEL, INC.) Judge

FISHER-PRICE, INC. } MAGISTRATE JUDGE LEVIN ~

Defendants.

COMPLAINT ftftllKt*COUNT I

IB) 8" :: S

The PartiesjuHiaam "< C H

1. Plaintiff, SAVE A LIFE FOUNDATION, INC. (hereinafter "SALF") is an

Illinois not-for-profit corporation having its principal place of business at 4825

North Scott Street, Suite 74-A, Schiller Park, Illinois 60176.

2. The Defendant, MATTEL, INC. (hereinafter "MATTEL"), is, upon

information and belief, a corporation of the State of Delaware having its principal

place of business at 333 Continental Boulevard, El Segundo, California 90245.

3. The Defendant, FISHER-PRICE, INC. (hereinafter "FISHER-PRICE"),

is , upon information and belief, a corporation of the State of Delaware and a

division of MATTEL. Upon information and belief, FISHER-PRICE has its principal

place of business at 636 Girard Avenue, East Aurora, New York 14052.


2/19

- Case" t61 Document I Filed 06/08/2000Pyye 2 ot~r5

Jurisdiction

4. Count I is for federal trademark infringement. Federal juri sdic tion

arises under 15 U.S.C. (the Lanham Act) 1051 et seq. Jurisdiction is conferred

on this Court by 15 U.S.C. 1121, 28 U.S.C. 1332 an d 1338(a).

5. Count II is for federal trademark dilution. Federal jur isdic tion ari ses

under the Lanham Act, 15 U.S.C. 1121, and 28 U.S.C. 1331 and 1338(a).

6. Count III is for federal unfair competition. Federal jurisdication ar ises

under the Lanham Act, 15 U.S.C. 1121, and 28 U.S.C. 1331 and 1338(a).

7. Count IV is for trademark dilution and ar ises unde r Illinois law set

forth at 765 ILCS 10 36 /65 . Jur isd iction is conferred on th is Court by 28 U.S.C.

1332 in that both defendants are citizens of states different from that in which

the plaintiff is a citizen and the amount in controversy exceeds $75,000.

Jurisdic tion is also conferred on this Court by 280 U.S.C. 1338(b) and 1367(a)

in tha t said charges are joined with a subs tant ial and related claim und er the

Lanham Act (15 U.S.C. 1051 et seq.).

8. Count V is for deceptive trade prac tices and ar ises under the Illinois

law of deceptive trade practices which is set forth at 815 ILCS 510/1 et seq.

Jur isdiction is conferred on this court by 28 U.S.C. 1332, 1338(b) and 1367(a).

9. Count VI is for common law unfair competition. Jurisdic tion is

conferred on this Court under 28 U.S.C. 1338(b) and 1367(a) in that said

charges are joined with a substantial and related claim under the Lanham Act (15

U.S.C. 1051 etseq.).

2


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\Q\ DucuiilBMl I Filed 06/08/2000 Page 3 Of 15

Venue

10. Venue is proper in this District in accordance with the requirements

of 28 U.S.C. 1391(b) and 1391(c). The Defendant organizations reside within

and/or do business within the jurisdiction of this Court.

Background Facts

11. On Labor Day 1992, a young woman named Chr istina Jean Spizzirri

was involved in a fatal automobile accident . Young Ms. Spizzirri died as a result

of he r injuries in that accident. The fact that no one on the scene had been

trained in basic first aid techniques very likely contr ibuted to her death. As a

result of this tragedy, Chri stina 's mother , Carol J. Spizzirri, founded the SAVE A

LIFE FOUNDATION to help teach basic first aid techniques to police and fire

departments, public servants, school children and members of the general public.

12. Since its inception, SALF has been instrumental in the training of

thousands of people and in the passage of state and national legislation designed

to promote training of police and emergency personnel. SALF ha s received much

national recognition and numerous awards for its various programs around the

United States. Today, SALF offers programs and training in the area of basic first

aid techniques to a wide number of organizations and groups in the United States.

Since 1998, SALF ha s trained tens of thous ands of Chicago-area st ud en ts in first

aid, rescue breathing and cardio pulmonary resuscitation.

3


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Case ' t61 Ducumenl I Filed 06/08/2000Page 4 uT 15

Count ITrademark Infringement

13. In or about late 1993, Carol Spizzirri began using and depicting a

mas cot for SALF. The mascot is a cat with hu ma n characteristics wearing a

medical uniform and carrying a stethoscope. The mascot was given the name

"PERRY MEDIC." (See Exhibit A) Inst ructors of SALF frequently wear a PERRY

MEDIC costume when presenting programs to children and are identified as "Perry

Medic." The PERRY MEDIC trademark (both the word mark and the design

element) appear s on many of SALF's promotional materials . Since 1993, SALF

has used the PERRY MEDIC mascot continuously and prominently as a trademark

and as a source identifier for SALF products and services. SALF has applied to

register PERRY MEDIC as a trademark with the U.S. Patent and Trademark Office.

14. The PERRY MEDIC trademark is recognized among members of the

consuming public as a proprietary designation identifying SALF as the source of

the products and services offered by SALF.

15. In or abou t 1995, SALF contacted MATTEL to ask if MATTEL would

be interested in participating in a joint lifesaving campaign with SALF and the

television show "Baywatch." David Hasselhoff, the producer of "Baywatch" and

SALF's honorary chai rman, had suggested th at such a join t campaign might be

advantageous to the parties. MATTEL was advised that SALF's mascot was a cat

with human characteristics wearing a medical uniform, carrying a stethoscope

and that his name was "Perry Medic." MATTEL, however, declined to be involved

4


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t&1Documenl I Filed 06/08/2000 Page 5 of 15

in a relationship or project with SALF. There has been no contact between SALF

and MATTEL since tha t time until the communication referenced in paragraph 18

herein.

16. In or about August 1999, SALF learned that FISHER-PRICE had

begun advertising a "Rescue Hero" figure named "Perry Medic." This figure had

human characteristics, wore a medical uniform and was carrying a stethoscope.

(See Exhibit B) The PERRY MEDIC word trademark now used by FISHER-PRICE,

a division ofMATTEL, is identical to the PERRY MEDIC word trademark of SALF.

The figure which is depicted with the Defendants' word mark bear many

similarities to the PERRY MEDIC trademark of SALF and is likely to cause

confusion, to cause mistake and to deceive.

17. The Defendants have adopted the PERRY MEDIC trademark of SALF

as their own. They have used the PERRY MEDIC trademark without the authori ty

or consent of SALF and in violation of SALF's trademark. Given tha t MATTEL was

clearly aware of SALF's use of the PERRY MEDIC tr ademark, th is reproduction is

a willful violation of SALF's trademark to SALF's irreparable damage in violation

of 15 U.S.C. 1125(a).

18. On September 9, 1999, attorneys for SALF wrote a letter to MATTEL

asking that MATTEL cease and desist from using the PERRY MEDIC trademark

in connection with their rescue hero figure "Perry Medic." MATTEL has refused

to ceas e and desist from using the trademark PERRY MEDIC to identify the ir

rescue hero figure.

5


6/19

Case ' t61Document I Filed 06/08/2000 Page 6 of 15

19. The Defendants' infringing activities in copying, selling, marketing and

distributing a product bearing SALF's PERRY MEDIC trademark have been carried

out without permission or license from SALF to SALF's irreparable damage.

20. The Defendants' aforesaid infringing activities have caused, and

threaten to cause, great and irreparable harm and damage to SALF by diverting

revenue from SALF which SALF would otherwise obtain through the l icensing,

sale, leasing or production of the PERRY MEDIC trademark.

21. Defendants' continued flagrant infringement of SALF's trademark

consti tutes a willful trademark infringement which has caused and con tinues to

cause great and irreparable harm to SALF.

Count IIFederal Trademark Dilution

22. Plaintiff re-alleges the allegations in paragraphs 1-21 and makes them

a part hereof.

23 . SALF's tr ademark is a distinctive and famous mark. The PERRY

MEDIC word mark is inherently strong and distinctive, has been used for nearly

seven years in connection with the goods and services offered by SALF, has long

been the subject of substantial advertising and promotion, has long been used

and advertised throughout the United States, is widely recognized by members of

the consuming public, is in substantially exclusive use and is the subject of a

federal trademark application. The Defendants began market ing their "Perry

Medic" rescue hero figure after SALF's mark had become distinctive and famous.

6


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Case ' t&1 Ducumenl I Filed 06/08/2000 Page 7 of 15

24. Defendants have made commercial use of a mark owned by SALF in

United States interstate commerce. Defendants ' ac ts have caused dilution of the

distinctive quality of SALF's famous mark PERRY MEDIC to the irreparable injury

to and damage of SALF in violation of 15 U.S.C. 1125(c).

25. Defendants' acts have lessened the capacity of SALF's famous mark

to identify and distinguish the goods and services of SALF. Defendants ' acts have

blurred the unique association which has heretofore existed between SALF's

PERRY MEDIC mark and goods and services offered by SALF.

26. Defendants committed these acts wilfully and with the intent to trade

on the reputation of SALF and to cause dilution of SALF's famous mark.

COUNT IIIFederal Unfair Competition

27. Plaintiff re-alleges the allegations in paragraphs 1-26 and makes them

a part hereof.

28 . Defendants' aforesaid infringing activities, including the use of the

trademark PERRY MEDIC, constitute unfair competition, unfair trade practices

and false designation of origin and have caused and threaten to cause, great and

irreparable harm to SALF through confusion, mistake or deception and by

denigrat ing and harming the name of SALF in violation of title 15 U.S.C. 1125(a).

The Defendants' activities have caused damage to the Plaintiff and these activities

are likely to continue to cause damage to the Plaintiff. There is a likelihood that

7


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Case 1:00-cv-03461 Document"1 Filed 06/08/2000Page 9 of"15

34. Defendants' aforesaid infringing activities constitute unfair

competition and infringement of SALF's common law rights in its mark PERRY

MEDIC.

WHEREFORE, the Plaintiff demands:

1. That this Court grant an injunction both preliminarily pendente lite

and permanently, according to the principles of equity and upon such terms as

the Court may deem reasonable, to prevent the violation of any right of the

Plaintiff to its trademark PERRY MEDIC.

2. That Defendants, their agents and servants, success ors and a ssigns

be preliminarily and permanently enjoined from infringing Plaintiffs mark in any

manner on or in connection with any of Defendants' products.

3. That Defendants be required to pay to Plaintiff such damages as

Plaintiff has sustained as a consequence of Defendants' infringement of said

common law trademark in violation of Plaintiffs rights and to account for (a) all

gains, profits and advantages derived by Defendants by said violations; (b) all

gains, profits and advantages derived by Defendants from their infringement; (c)

compensatory damages and awards to be enhanced, not to exceed three times the

amount pursuant to 15 U.S.C. 1117 and/or 765 ILCS 1036/70; and (d) punitive

damages for deterrent purposes in view of the willful and wanton violation of

Plaintiffs rights.

4. That an injunction issued by this Court include a provision directing

the Defendants to file with the Court and serve on Plaintiff within thirty (30) days

9


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GQOG 1IOOUV-03401 DuuJllimil 1 Filed 06/08/2000 Page 10 of 15

after the service of the Defendants of such injunction, or such extended period as

the Court may direct, a report in writing under oath setting forth in detail the

manner and form in which the Defendants have complied with the injunction.

5. That this Court grant an Order ordering that all catalogs, labels,

signs, prints, packages, wrappers, receptacles and advertisements in the

possession of the Defendants bearing the trademark PERRY MEDIC or any marks

confusingly similar thereto, and any reproduction, counterfeit, copy or colorable

imitation thereof, and all plates, molds, matrices, and other means of making the

same be delivered up and destroyed.

6. That in view of the willful infringement that this Court find that this

is an exceptional case under 15 U.S.C. 1117 et seq. and/or 765 ILCS 1036/70

and/or 815 ILCS 510/3 and award reasonable attorney's fees to Plaintiff and

appropriate findings in support of such an award.

nPinand Under Pule 38 FRCP

Plaintiff requests a jury in this cause.

Respectfully submitted,

k- F 7 X _Kevin Bry /Eversharp Bldg., Suite 2019240 W. Belmont Ave.Franklin Park, Illinois 60131847.233.9500

10


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Case 1:00-cv-03461 Document 1 Filed 06/08/2000Page 11 of 15

Robert M. MottaLAVELLE, MOTTA, KLOPFENSTEIN

& SALETTA, LTD.Eversharp Bldg., Suite 200

9240 W. Belmont Ave.Franklin Park, Illinois 60131847.233.9400

Attorneys for Plaintiff

Of Counsel:Scott W. PetersenGeorge C. SummerfieldHILL & SIMPSON, P.C.85th Floor Sears TowerChicago, Illinois 60606312.876.0200

11


12/19

Case 1:00-cv-03461 Document I 06/08/2000 Page~1"2 uT 15"

APPLICANT'S NAME:

APPLICANT'S ADDRESS:

GOODS:

FIRST USE:

FIRST USE IN COMMMERCE:

DESIGN:

Save A Life Foundation, Inc

4825 N Scott Suite 74ASchiller Park, Illinois 60176

Games and playthings, decorations;instructional and teaching materials, papercardboard and goods madefromthesematerials.

Intent to use application

Intent to use application

Feline

EXHIBIT


13/19

Case 1:00-cv-03461 Documents Filed 06/08/2000 Page 13 of 15

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Also See: "~~

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EXHIBIT

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14/19

Case . uu - o v v Document 1 Page 14 of 15

JS44{Rev. 12/96) Ctf^y CIVIL COVER SHfccTThe JS-44 civil cover sheet ^dJheJnterrT iatiori contained herein neither replace nor supplement the filing and service of pleadings or other papersby law except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is requiredof the Clerk of Court for the purpose of initiating the civil docket sheet. {SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

1. (a) PLAINTIFFS

Save A Life foundationJUDGE GOTTSCHAI !

E

MAGISTRATE JUDGE LEVIN{ t ) ) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cook

(EXCEPT IN U.S. PLAINTIFF CASES)

( C ) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER)

LaVelle, lYbtta, Klopf enstein & Sa let ta ,Everharp Building, Suite 200Franklin Park, IL 60131

DEFENDANTS

i t t e l , Inc. and Fisher-Price, Inc.

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _

(IN U.S. PLAINTIFF CASES ONLY):.:NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

TRACT OF LAND INVOLVED. y> c

ATTORNEYS (JF KNOWN]

Lt H.

II . BASIS OF JURISDICTION (PLACE AN -X IN ONE BOX ONLY)

D1

U.S. GovernmentPlaintiff

D 2 U.S. GovernmentDefendant

B-3 Federal Question \i(U.S. Government Not a Party) ' "*

D 4 Diversity , ,{Indicate Citizenship of Parties j (in Item III)

O0C 3461GO .

>. J

O-se

ll). CITIZENSHIP OF PRINCIPAL PARTIES^LACEAN-X* IN ONE BO(For Diversity Cases Only) ANDONEBOXFOR DEFEN

PTF DEFIncorporated orPrincipal Place

of Business In This State

CjtJzen of This State BJ i 1

[Another State D2 ft 2M IWfiS"

Incorporated andPrincipal Placeof Business In Another State

Citizen or Subject of a o 3 D 3 Foreign NationForeign Country

IV. ORIGIN

Bf 1 OriginalProceeding

n a Removed fromState Court

(PLACEANTIN ONE BOXONLY)Transferred from .

3 Remanded from D 4 Reinstated or D S another district D e MultidistnctAppellate Court Reopened (specify) Litigation

Appe .' Judg

D r MagJudg

V. NATURE OF SUIT (PLACEAN"X" INONE BOXONLY)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STA

D 110 InsuranceO 120 MarineD 130 Miller ActD 1*0 Negotiable Instrument

PERSONAL INJURY PERSONAL INJURY

D 310 Airplane 362 Personal ln|ury - 315 Airplane Product Mf i 0 Malpracllce

Uablllty Q 365 Personal in|ury -

D 320 Assault. Llt wl & f^ua LiabilitySlander 366 Asbestos Personal

D 330 Federal Employ ers' Injury P' O^ ci UabllltyLiability

D 340 Marine PERSONAL PROPERTYD 345 Marine ProOuct D 370 Ottier Fraud

Liability D 371 Truth in LendingD 350 Motor venle le D MO Oiher PersonalD 355 Motor Vehicl e Property Damage

Product Liabi lity J85 Property DamageD 360 Other Personal Injury Product Liability

D 610 AgricultureD 620 Oiher Food & Drugn 625 Dtug Related Seizure

0( Property 1 USC 881

D 630 Liquor Laws 640 fl.R fi TruckD 650 Airline RegsD 660 Occupational

Safety/Health 690 Other

D4 22 Appeal 28 USC158

D 423 Withdrawal28 USC 157

D 400 State Reappo 410 AntitrustQ 430 Banks and BaD 450 Commerce/tC 460 Deportation 470 Racketeer InflISO Recovery or Overpayment

& Enforcement err Judgment 151 MedicareA dD 152 Recovery o( Defaulted

Student LoanslExci Veterans)













PROPERTY RIGHTS

D 400 State Reappo 410 AntitrustQ 430 Banks and BaD 450 Commerce/tC 460 Deportation 470 Racketeer InflISO Recovery or Overpayment

& Enforcement err Judgment 151 MedicareA dD 152 Recovery o( Defaulted

Student LoanslExci Veterans)













D 620 CopyrightsD 630 Patent0 1 M0 Trademark

Corrupt Organ

D 610 Selective Serv

D 850 Securities/CoExchange

D 153 Recovery of Overpayment









LABOR SOCIAL. SECURITY 12 USC 3410

D 160 Steckholders'SuteD t H Other Contiaci 195 Contract Product Liability









D 710 Fair Labor Standards

Act

D 720 Labor/Mgmt Relations

D 730 Labor/Mgmt Reporting& Disclosure Act

D 740 Railway Labor Act

D 790 Other Labor Litigation

D 791 Empl. Ret Inc.Security Act

D 861 HIA (1395ft)D 662 Black Lung (923|D 663 DIWC/DIWW (406(g))D 864 SSID Title XVID 665 RSI (405(g))

D 691 Agricultural AdD 692 Economic Sta 893 EnvironmentaD 894 Energy Alloca

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS


Act







D 895 Freedom 0!

D 210 Land Condemnation 220 Foreclosure

O 441 VotingO 442 EmploymentQ 443 Housing/

Accommodations 4* 4 Welfaren 440 Other CM! Rights

510 Motions 10 VacateSentence

HABEAS CORPUS: 530 GeneralQ 535 Death Penalty 540 Mandamus & OtherD 550 Civil RightsO S5S Prison Condition


Act







D 900 Appeal of FeeD 210 Land Condemnation 220 Foreclosure






Act






FEDERAL TAX SUITS Under Equal AD 950 Constitutional

State statutes

D 890 Other statutor

230 Rent Lease & EjectmentD 2*0 Torts to Land 245 Tort Product LiabilityD 20 All Other Real Property






Act






670 Taxes (U.S. Plaintiffor Defendant)

* 71 IRS - Third Party26 USC 7609

Under Equal A

D 950 Constitutional

State statutes

D 890 Other statutor

VI CAUSE O F A C T I O N (crrE THE u s CIVIL STATUTE UNDER WHICH YOU ARE FIUNG AND WRITE BHIEF STATEMENT OF CAUSE.* ' * * * DO NOT CITE JURISDICTION STATUTES UNLESS OVERSfTY.)

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTIONCOMPLAINT D UNDER RR.C.R 23

DEMAND $ CHECK YES only if demanded in

JURY DEMAN D: * Y E S

V I I I . This case |$3 is not a refiling ofa previously dismissed action.

is a refiling of case number , previously dismissed by Judge.

DATE

*/?/UNITED STATES DISTRICT COURT

SIGNATURE OF ATTORNEY OF RECORD

V


15/19

Case 1:00-cv-03461 Document 1 06/08/2000Page 15 of 1G

UNITED STATES DISTRICWOURT

NORTHERN DISTRICT OF ILLINOIS

In the Matter of JUDGE GOTTSCHALL

Save A Life Foundation, Inc.

Plaintiff-vs-

Mattel, Inc. and f\ 4\ jTiFisher-Price , Inc. f | f | fA nr.r- * Defendants. - ,APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FJDR: !'

Save A Life Foundation, Pl ai nt i ff

MAGISTRATE JUDGE LEVIN

Case Number:

FiRM

LaVell^ Motta, Klopfenstein & Sa le tt a, Ltd.STREET ADDRESS

9240 W. Belmont Ave., Suite 200CITY/STATE/ZIP

Franklin Park, IL 60131TELEPHONE NUMBER

847.233.9400

FIRM ; ; " . ( 't;

7J

STREET ADDRESS * '

9240 W. Belmont Ave., Suite 201

IDENTIFICATION NUMBER


16/19

DIVIDER


17/19

"Duuji i iei l l 19 72001 Page 1 of 3

Mimilc Order Form (06/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

CASE NUMBER

CASETITLE

Joan B. Gottschall

00 C 3461

Sitting Judge if Other

than Assigned Judge

DATE 5/23/2001

Save A Life Foundation Inc. vs. Mattel, Inc., et al

MOTION:

[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state brie

nature of the motion being presented.]

DOCKET ENTRY:

(1)

(2)(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

D

D

D

Filed motion of[ use listing in "Motion" box above.]

Brief in support of motion due .

Answer brief to motion due . Reply to answer brief due_

atRuling/Hearing on set for

set for at

set for at

Status hearing[held/continued to] [set for/re-set for] on

Pretrial conference[held/continued to] [set for/re-set for] on,

Trial [set for/re-set for] on at .

[Bench/Jury trial] [Hearing] held/continued to at .

This case is dismissed [with/without] prejudice and without costs [by/agreement/pursuant to]

rJFRCP4(m) General Rule 21 FRCP41(a)(1) DFRCP41(a)(2).

[Other docket entry] Enter Agreed Order of Dismissal. This cause of action is dismissed

prejudice with each party to bear its own costs. This Order shall be final upon entry and no partyhave any right to move to vacate or reconsider this Order or to appeal therefrom.

(11) [For further detail see order attached to the original minute order.]

/

No notices required, advised in open court.

No notices required.

Notices mailed by judge's staff.

Notified counsel by telephone.

Docketing to mail notices.

Mail AO 450 form. ^

Copy to judge/magistrate judge.

RJ

courtroom

deputy's

initials

)I JU N-U- PM 12=32

Date/time received in

central Clerk's Office


18/19

^3doo-1: ( "t9" 72001 Page 2 of 3

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SAVE A LIFE FOUNDATION, INC.,

Plaintiff,

v.

MATTEL, INC.FISHER-PRICE, INC.

Defendants.

Case No. 00C 3461

Judge Gottschal

Magistrate Judge Levin

*


19/19

syCase 1:00-cv-03461 Document 19 Filed 05/23/2001 PiUyu 3 of 3

3. This Order shall be final upon entry and no party shall have any

right to move to vacate or reconsider th is Order or to appeal therefrom.

ENTERED this ^ 5 day of

Date: tMAY 2 3 2001

, 2001.

Srable Judge Gottschallfited States District Court For the

Northern District of IllinoisEastern Division

APPROVED:

Scott W. PetersenHOLLAND 85 KNIGHT LLP500 West Monroe St., Suite 800Chicago, IL 60603312.578.6689

312.578.6666 FaxOf Counsel Attorneys for Plaintiff

Robert M. MottaLavelle, Motta, Klopfenstein

85 Saletta, Ltd.Eversharp Bldg., Suite 2009240 W. Belmont Ave.Franklin Park, Illinois 60131847.233.9400

Kevin Bry

Lavelle, Motta, Klopfenstein8B Saletta, Ltd.

Eversharp Bldg., Suite 2019240 W. Belmont Ave.Franklin Park, Illinois 60131847.233.9500Attorneys for the Plaintiff

APPROVED:

AJdhn Filosafaker 8s McKenzie

One Prudential Plaza' 130 East Randolph DriveChicago, IL 60601

Attorneys for Defendants