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E-Notice

2016-L-004120
CALENDAR: R
To: Ryan Brandon Jacobson
rjacobson@salawus.com

NOTICE OF ELECTRONIC FILING


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

BARRETT F. PEDERSEN vs. EUGENE PILTAVER


2016-L-004120

The transmission was received on 04/22/2016 at 2:23 PM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 04/22/2016 at 4:50 PM.

CIVIL_ACTION_COVER_SHEET (LAW DIVISION)

COMPLAINT

Filer's Email: rjacobson@salawus.com


Filer's Fax:
Notice Date: 4/22/2016 4:50:49 PM
Total Pages: 11

DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
COOK COUNTY
RICHARD J. DALEY CENTER, ROOM 1001
CHICAGO, IL 60602

(312) 603-5031
courtclerk@cookcountycourt.com
Civil Action Cover Sheet - Case Initation (Rev. 4/09/13) CCL 0520

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS


COUNTY DEPARTMENT, LAW DIVISION
BARRETT F. PEDERSEN

v. No.

EUGENE PILTAVER

CIVIL ACTION COVER SHEET - CASE INITIATION


A Civil Action Cover Sheet - Case Initiation shall be filed with the com-
plaint in all civil actions. The information contained herein is for adminis ELECTRONICALLY FILED
4/22/2016 2:23 PM
trative purposes only and cannot be introduced into evidence. Please check 2016-L-004120
the box in front of the appropriate case type which best characterized your CALENDAR: R
CIRCUIT COURT OF
action. Only one (1) case type may be checked with this cover sheet. COOK COUNTY, ILLINOIS
Jury Demand Yes No LAW DIVISION
CLERK DOROTHY BROWN
PERSONAL INJURY/WRONGFUL DEATH
CASE TYPES:
027 Motor Vehicle (FILE STAMP)
040 Medical Malpractice COMMERCIAL LITIGATION
047 Asbestos
CASE TYPES:
048 Dram Shop
049 Product Liability 002 Breach of Contract
051 Construction Injuries 070 Professional Malpractice
( including Structural Work Act, Road (other than legal or medical)
Construction Injuries Act and Negligence) 071 Fraud
052 Railroad/FELA 072 Consumer Fraud
053 Pediatric Lead Exposure 073 Breach of Warranty
061 Other Personal Injury/Wrongful Death 074 Statutory Action
063 Intentional Tort ( Please Specify Below**)
064 Miscellaneous Statutory Action 075 Other Commercial Litigation
( Please Specify Below**) ( Please Specify Below**)
065 Premises Liability 076 Retaliatory Discharge
078 Fen-phen/Redux Litigation
199 Silicone Implant OTHER ACTIONS
CASE TYPES:
TAX & MISCELLANEOUS REMEDIES
062 Property Damage
CASE TYPES:
066 Legal Malpractice
007 Confession Of Judgment
077 Libel/Slander
008 Replevin
079 Petition for Qualified Orders
009 Tax
084 Petition to Issue Subpoena
015 Condemnation
100 Petition for Discovery
017 Detinue
029 Unemployment Compensation **
031 Foreign Transcript
036 Administrative Review Action
085 Petition to Register Foreign Judgment
099 All Other Extraordinary Remedies Service via email will be accepted at:

By: /s RYAN BRANDON JACOBSON


(Attorney) (ProSe)

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS


ELECTRONICALLY FILED
4/22/2016 2:23 PM
2016-L-004120
CALENDAR: R
PAGE 1 of 10
CIRCUIT COURT OF
IN THE
IN THE CIRCUIT
CIRCUITCOURT
COURTOF
OFCOOK
COOK COUNTY, ILLINOIS
COUNTY, ILLINOIS
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT
COUNTY DEPARTMENT, LAW
,
LAW DIVISION
DIVISION LAW DIVISION
CLERK DOROTHY BROWN
BARRETT F.
BARRETT F. PEDF.RSEN,
PEDERSEN,

Plaintiff,
Plaintiff, Case No.
Case No.
v.
r~

EUGENE PILTAVER
EUGENE PILTAVER

Defendant.
Defendant.

COMPLAINT AT
COMPLAINT ATLAW
LAW

NOW COMES
NOW COMESplaintiff, BARRETT F.
plaintiff, BARRETT F. PEDERSEN, by and
PEDERSEN,by and through
through his
his attorneys,
attorneys,

SmithAmundsen LLC,
SmithAmundsen LLC, and
and for
for his
his cause
cause of
of action
action against
against defendant, EUGENE PILTAVER,
defendant, EUGENE he
PILTAVER, he

asserts
asserts as
as follows:
follows:

INTRODUCTION N
INTRODUCTIO

1.
1. The plaintiff,
The plaintiff, BARRE 1"IF.F.PEDERSEN,
BARRETT PEDERSEN, brings
brings this
this claim
claun of
of Defamation Per Se
Defamation Per Se

and false
and False Light
Light Invasion
Invasion of
of Privacy
Privacy against
againstdefendant,
defendant,EUGENE
EUGENE PILTAVER,
PII TAV~R,for
for his
his republication
republication

of false
of and libelous
false and statements knowing
libelous statements knowing that
that such
such dissemination
dissemination would
would cause
cause great
great embarrassment,
embarrassment,

ridicule and
ridicule and substantial
substantial harm
harm to
to plaintiff's
plaintiff's reputation.
.reputation.

2.
2. This action
This action seeks compensatory ielief
seeks compensatory relief for
for the
the reputational
reputational harm caused
caused to
to plaintiff
plaintiff by
by

defendant, as
defendant, as well as punitive
well as punitive damages
damages toto deter
deter PILTAVER
PILTAVER fiom
from continuing to publicize
continuing to publicize these
these and
and

other unsubstantiated,
other unsubstantiated, injurious rumors concerning
injurious rumors concerning plaintiff.
plaintiff.

& VENUE
PARTIES&VENUE

3.
3. At all
At all times
times relevant to this
relevant to this Complaint,
Complaint, the
the plaintiff,
plaintiff, BARRE1 I F.
BARRETT F. PEDERSEN,
PEDERS~N,

was
was aa resident
resident of
of the
the Village of Franklin
Village of Park, County
Fzanklin Park, County of
of Cook,
Cook, State
State of Illinois.
Illinois. The plaintiff
plaintiff isis and
and

was the Mayor


was the Mayor of
of Franklin
Franklin Park,
Park, a licensed
licensed attorney in good
attorney in good standing
standing with
with the
the Illinois
Illinois Bar,
Bar, a father,
father,

and a community
and community activist.
activist.
4. At all times relevant to
times iel.evant to this
this Complaint, and at present, the defendant, EUGENE
Complaint, and

PILTAVER, resides at
PILTAVER, at 9613
9613 Richard
Richaid Avenue in the Village of Cook,
Village of Franklin Park, County of Cook,State

of Illinois.
Illinois. The libelous
libelous comments were published
comments were published by
by defendant
defendant to members
members of
of the AineYican
the American

Post 974,
Legion Post 974, which is situated in Franklin Park,
Park, Illinois
Illinois within
within the of Cook County.
the confines of County.

5. Venue is proper where


where defendant
defendant lives within the confines of
of Cook
Cook County,
County,where a

substantial part
substantial part of the transactions
transactions and events
events from which
which this
this dispute
dispute arises occurred in Cook
arises occurred Cook

County, and where the harm is most


County, most felt
felt by
by plaintiff in Cook County.
County.

MATERIAL FACTS

6. The plaintiff
plaintiff realleges and incorporates
realleges and incorporates by
by reference
reference paragraphs
paragraphs11 through
through 55 as if

fully stated
fully stated in
in this paragraph 6.
ELECTRONICALLY FILED

7. On or
or about
aboutMarch
March 21,
21, 2016, defendant, EUGENE
EUGENE PILTAVER, published and/or
PILTAVER, published and/or
4/22/2016 2:23 PM
2016-L-004120
PAGE 2 of 10

false and
republished false and defamatory
defamatory statements
statements concerning
concerningBARRET"T
BARRETTF. PEDERSEN to no less than
F.PEDERSEN

twelve other
twelve other individuals
individualsvia
viaelectronic
electronicmail,
mail,from
fromhis
hisaccount epiltaver att.net, and possibly
accountepiltaver@att.net, possibly using

other means
means of
ofcommunictaion.
communictaion. A
A true
true and
and accurate,
accurate,though
though partially
partially redacted, copy of
of the e-mail
the e-mail

authored by defendant is
is attached
attached to
to this
this Complaint
Complaintas
as"Exhibit
"Exhibit A."

8.
8. The offending
The offending message
message (hereinafter,
(hereinafter, "Offending
"Offending Speech")
Speech") republished by
republished by

PILTAVER reads
PILTAVER reads as follows:

I find
end it
it highly
highly suspect
suspect that
that Mayor
Mayor Pedersen has as as his
his "Executive
"Executive Assistant
Assistant to
the Mayor" a female
female just a couple years out nut of
of high school _—. .I
cannot find either that
cannot that she
she is
is aa registered
registered voter
voter or
or aa resident
resident of Park. She
of Franklin Park.
certainly has no experience as an executive
certainly executive assistant in government. So what is
in government.
the connection to the Mayor? Based on credible reports that the Mayor has been
the Mayor?
banned from thethe Underpass
Underpass for for sexual
sexualharassment
harassment— grouping [sic] women in
—grouping
inappropriate places —
places — II would
would not
not want
want my
my young
young daughter
daughter anywhere near this
man.
rnan.

SO WE ALL HAVE TO
SO TO ASK
ASK OURSELVES IS REALLY
WHAT IS
OURSELVES WHAT GOING ON
REALLY GOING
HERE AND
HERE AND IS
IS IT
IT ALL
ALL APPROPRIATE?

Ex. A
See Ex. A (emphasis added).

2
2
9.
9. in his
PILTAVER, in his own
own words,
words, qualified
qualified the
the false
false accusations
accusations by
by addressing
addressing the
the

recipients of
recipients of the
the subject
subject e-mail:
e-mail: "THIS [sic]
"THIS [sic] VERY
VERYINTERESTING!!!! WHAT DO
INTERESTING!!!! WHAT DO YOU
YOU

THINK ABOUT
THINK ABOUT IT????" See Ex.
IT????" See Ex. A (emphasis added).
A(emphasis added).

10.
10. The Offending
The Offending Speech can reasonably
Speech can reasonably be construed
be construed toto impute
unpute that
that plaintiff
plaintiff isis a

sexual deviant
sexual deviant with
with an
an affinity
affinity for
for young
young gv-1s,
girls,that
that he
he has
has been
been banned
banned from
from the
the Underpass
Underpass Lounge,
Lounge,

9400 Grand
9400 Grand Avenue
Avenue in
in Franklin
Franklin Park,
Park, Illinois,
Illinois, for
for groping
groping (misspelled
(misspelled as "grouping")
as "grouping") women in
in

inappropriate places,
inappropriate and that
places, and that young
young women
women are
are unsafe
unsafe in
in his
his presence.
presence.

11.
11. The disparaging
T'he disparaging comments made
comments made and/or
and/or republished
republished by defendant
by are in
defendant are in no way
way

germane to
germane to his
his role
role in
in public
public office,
office, and
and as such, he
as such, he is not a public
is not public figure for these
figure for these proceedings.
proceedings.

12.
12. Defendant PILTAVER knowingly
Defendant knowingly and maliciously
and maliciously republished
republished these
these false
false
ELECTRONICALLY FILED

accusationsknowing
accusations knowinghehewould
wouldfuel
fuelifif not
not perpetuate
perpetuate the
the rumors
rumors and
and cause
cause great
great harm
harm toto the
the
4/22/2016 2:23 PM
2016-L-004120
PAGE 3 of 10

reputation of
reputation PEDERSEN, who
of PEDERSEN, whowas
was aa highly
highly regarded
Yegaided member of
of the
the community.
community.

13.
13. The Offending
Offending Speech
Speech disseminated
disseminated by defendant
by defendant PILTAVER
PILTAVER that
that the
the plaintiff "has
plaintiff "has

been banned
been bam~ed from
from the
the Underpass
Underpass for
for sexual
sexual harassment"
ha~~assment" isis false.
false. This
This statement
statement and
and any
any related
related

implicationsare
implications are highly
highly offensive,
offensive,do
do not
not constitute
constitute opinions,
opinions, are
are not
not capable
capable of
of aa reasonable
reasonable

innocent construction
innocent construction and
and imply
imply facts
facts readily
readily verifiable
verifiable as fabricated.
as fabricated. Defendant
Defendant knew
knew or
or should
should

have known,
have known, or
or with
with minimal
minimal investigation
investigation could have
could have determined,
determined, the statements
the statements were
were false
false and
and

that republication
that republication was likely
was likely toto cause
cause iYreparable
irreparableharm
harm toto the
the plaintiffs
plaintiffs personal
personal and
and professional
professional

reputation.
reputation.

14.
14. The Offending
The Offending Speech
Speech disseminated
disseminated by defendant
by defendant PILTAVER that
PILTAVER that there
there are
are

"credible reports"
"credible reports" the
the plaintiff "has been
plaintiff "has been banned
banned from
from the
the Underpass"
Underpass" isis false.
false. This
This statement
statement and
and

any related
any implicationsaLe
related implications are highly
highlyoffensive,
offensive,dodonot
not constitute
constitute opinions,
opinions,are
are not
not capable
capable of
of a

reasonable innocent
reasonable innocent construction
construction and
and imply
imply facts
facts readily verifiableasasfabricated.
readily verifiable fabricated. Defendant
Defendant knew or
knew or

should have
should have known,
known, or
or with
with minimal
minimal investigation
investigation could
could have
have determined,
determined, the
the statements
statements were
were false
false

3
arid that republication
and was likely
republication was likely to
to cause
cause irreparable harm to
ureparaUle harm to the
the plaintiffs
plaintiff's personal
peYsonal and
and

professional reputation.

15.
15. The Offending
Offending Speech
Speech disseminated
disseminated by defendant
defendant PILTAVER
PILTAVER that
that plaintiff,
plaintiff,

"[groped] women in inappropriate places"


"[groped] places" is false.
false. This statement
statement and
and any
any related
related implications
implications are

highly offensive,
highly offensive, do
do not
not constitute opinions, are not
not capable
capable of
of aa reasonable innocent construction
reasonable innocent construction

and imply facts readily


and verifiable as
readily verifiable as fabricated.
fabricated.Defendant
Defendantknew
knew or
or should
should have
have known, or with
with

minimal investigation
investigation could
could have
have determined, the statements were false and that
that republication
republication was
was

likely to
likely to cause
cause uLepaiable
irreparableharm
harmto
to the
the plaintiffs
plaintiffs personal and professional reputation.

16.
16. Among others,
others, the
the libelous
libelous comments were published to members of
ofthe
the American
American

Legion Post
Legion Post 974,
974, which is situated in Franklin
Franklin Park,
Park, Illinois within the confines of
Illinois within of Cook
Cook County.
County.
ELECTRONICALLY FILED

PEDERESEN was
PEDERESEN vas at
atall
all relevant
relevant times
times aa member
member of
ofthe
theAmerican
AmeYican Legion
Legion Post
Post 974.
974. PILTAVER
4/22/2016 2:23 PM
2016-L-004120
PAGE 4 of 10

knew of
knew or should have
have known,
known,that
thatthese
these recipients
recipients would
would believe
believe the
the false
false accusations, and that
that they,
they,

too, were
too, likely to,
were likely to, and
and did, republish the e-mail or slander plaintiff's good name with
with the
the false
false facts
facts

by PILTAVER.
shared b~ PILTAVER.

17.
17. Defendant PILTAVER
Defendant PILTAV~R knew, or should
should have
have known,
known,the
theaccusations
accusations concerning
concerning

were false
plaintiff were false (or
(or likely
likely false)
false)because
because(a)
(a)of
ofthe
the tuning
timing and
and nature
nature of
of the accusations; (b) the
accusations; (b) the

manner in
in which
which the
the accusations
accusations were
were conveyed; (c)
(c) they were
were prompted or
or instigated by a source

who
who not
not only
only lacked
lacked credibility,
credibility, but enjoyed
enjoyed aa history
history of
oftargeting
targeting plaintiff
plaintiff with
with libelous
libelous and
and

malicious rhetoric;
rhetoric; and (d)
(d) a reasonable
Yeasonable inquiry by PILTAVER
PILTAVER (including, but
but not
not limited
limited to,
to,calling
calling

the owner
the owner of
ofthe
theUnderpass
Underpass Lounge)
Lounge)would
would have
have proven
proven the
theaccusations
accusations false
false before
before they
they were
were

spread throughout
spread throughout the
the community
community where PEDERSEN
PEDERSEN lived
lived and
and worked.
worked.

18.
18. The statements
The statements made
made by
by defendant
defendant PILTAVER
PILTAVER were
were repeated
repeated with
with malice,
malice,

knowingly false,
knowingly false,unfounded,
unfounded, and
and publicized
publicized with
with aa reckless
recklessdisregard
disregardfor
forPEDERSEN's name
PEDERSEN's good name

4
C!
and reputation.
reputation. Upon
Upon information
information and
and belief,
belief,other
otherdisparaging
disparaging if
ifnot
notactionable
actionable communications
communications

are hidden and


and have
have yet
yet to
to be
be discovered
discovered by
by plaintiff
plaintiff or his counsel.
counsel.

COUNT I - AGAINST EUGENE PILTAVER


AGAINST EUGENE
PER S~
(DEFAMATION PER
(DEFAMATION SE)

19.
19. The plaintiff
plaintiff realleges and incorporates
realleges and incorporates by
by reference
reference paragraphs through 18 as if
paragraphs 11 through. if

fully stated
fully stated in
in this paragraph 19.
19.

20. The Offending Speech contained


contained in
in Exhibit
Exhibit A,
A,and
and reproduced
reproduced in
in paragraphs
paragraphs 8 and

was published
9, was published and/or
and/or republished
republished by defendant, EUGENE
EUGENE PILTAVER,
PILTAVER,to
to at
atleast twelve other
least twelve

recipients.

21. The Offending


Offending Speech contained
contained in
in Exhibit
Exhibit A,
A,and
and reproduced
.reproduced in
in paragraphs
paragraphs 8 and

9, involve attacks against


involve personal attacks againstplaintiff,
plaintiff,BARR~TT
BARRE' I T.
F. PEDERSEN,
PEDERSEN, and
and are
are not
not critical
critical of
of
ELECTRONICALLY FILED

in his capacity as an
an elected
elected member
member of
of public office.
4/22/2016 2:23 PM

plaintiff in
2016-L-004120
PAGE 5 of 10

22. The Offending


Offending Speech imputed to
to plaintiff
plaintiff a lack of
of integrity
integrity in his profession and

personal dealings and suggested to recipients that


personal plaintiff has engaged in sexual misconduct, that he
that plaintiff

likely to
is likely to continue
continue doing so,
so, and that
that he
he is
is guilty
guilty of
of related criminal
crunu~al offenses.

23. Accordingly, the Offending


Accordingly, the Offending Speech defamatory per se,
Speech is defamatory and it is
se, and is presumed
presumed the
the

suffered reputational harm


plaintiff suffered harm as of PILTAVER's publication of
as a direct and proximate result of of

the same
the same to
to at
at least
least twelve other recipients.
twelve other

24. The defendant


The defendant was
was not
notshielded
shielded by
byany
any qualified,
qualified, conditional or
or absolute
absolute privilege
privilege to

publish the defamatory speech.

25. The Offending


Offending Speech
Speech and
and any
any related
related implications
unplications are highly
highly offensive, do not
offensive, do

constitute opinions, are not


constitute not capable
capable of
ofaareasonable
reasonable innocent
innocentconstruction
construction and
andimply
imply facts
facts readily
readily

verifiable as fabricated.

26. Defendant knew,


Defendant knew, or
or should have
have known,
known,republication
republication of
of the
the Offending
Offending Speech
Speech was
was

likely to
likely to cause
cause grave
grave and
andirreparable
irreparableharm
harmto
to the
the plaintiffs pYofessional reputation.
plaintiffs personal and professional reputation.

5
27.
27. The defendant
defendant disseminated
disseminated the
the Offending
Offending Speech
Speech with
with actual
actual malice,
malice, knowing the
knowing the

accusations were
accusations were false
false or
or with
with reckless
reckless disregard
disregardfor
for whether
whether oror not
not the
the accusations
accusations had
had been
been

substantiated. PILTAVER,
substantiated. PILTAV~R,at
at the
the very
very least,
least, entertained
entertained serious
serious doubts
doubts concerning
concerning the
the veracity of
veracity of

the accusations
the accusations but republished
republished them anyway.
anyway.

28.
28. Defendant PILTAVER
Defendant PILTAVER disseminated
disseminated the Offending
the Offending Speech
Speech intending
intending toto bring
bring the
the

plaintiff into
plaintiff into public disgrace and
public disgrace and scandal,
scandal,and
and toto injure
injure and
and destroy
destroy the
the plaintiffs
plaintiffs good
good name and
and

reputation so
reputation so as
as to
to justify
justify an award
award of punitive
punitive damages.
damages.

WHEREFORE,
WHEREFORE, the plaintiff,
the plaintiff, BARRE1 1 F.F.PEDERSFN,
BARRETT PEDERSEN, prays that this
prays that this Honorable
Honorable Couxt
Court

enter judgment
enter judgment inin his
his favoi
favor and
and against
againstthe
the defendant,
defendant,EUG~N~
EUGENE PILTAVER,
PILTAVER, as
as toto Count
Count II of
of the
the

Complaint at Law
Complaint Law and award
award plaintiff:
plaintiff
ELECTRONICALLY FILED

Damages in
a. Damages
a. in an
an amount
amount to
to be
be determined
determined at
at trial
dial but
but in
in no
no event
event less
less than
than $50,000.00;
$50,000.00;
4/22/2016 2:23 PM
2016-L-004120
PAGE 6 of 10

Punitive damages
b. Punitive
b. damagesinin an
an amount
amount sufficient
sufficient toto deter
deter the
the defendant
defendant from
from continuing
continuing to
to

publicize these
publicize these and
and other
other unsubstantiated,
unsubstantiated, injurious Tumors
injurious rumors concerning
concerning plaintiff;
plaintiff;

His costs
c.c. His in bringing
costs in this action;
bringing this and
action; and

Such additional
d. Such
d. additional relief
relief asas this
this Court
Court deems
deems appropriate
appropriate and
and just.
just.

COUNT II
COUNT II -- AGAINST
AGAINSTEUGENE
EUGENE PILTAVER
PILTAVER
(FALSE LIGHT
(FALSE LIGHT INVASION
INVASION OF
OFPRIVACY)
PRIVACY

29.
29. The plaintiff
plaintiff realleges
realleges and incorporates
and incorporates by
by reference
reference paragraphs
paragraphs 11 through
through 18
18 as
as ifif

fully stated
fully stated inin this
this paragraph
paragraph 29.
29.

30.
30. The Offending
Offending Speech
Speech contained in Exhibit
contained in and reproduced
Exhibit A, and reproduced in
in paragraphs and
paragraphs 8 and

9, was
9, was published
published and/or
and/or republished
republished by
by defendant, EUGENE PILTAVER,
defendant, EUGENE PILTAVER,to
to at
at least
least twelve
twelve other
other

recipients and,
recipients and, upon information
information and
and belief,
belief, to
to the
the public
public at
at large.
large.

31.
31. The Offending
Offending Speech
Speech contained in Exhibit
contained in and reproduced
Exhibit A, and reproduced in
in paragraphs and
paragraphs 8 and

9, involve
9, involve personal
personal attacks
attacks against
against plaintiff,
plaintiff, BARREL "1 F.
BARRET`T F. PEDERSEN, and is
P~DERSEN, and is not
not critical
critical of
of

plaintiff in
plaintiff in his
his capacity as an
capacity as an elected
elected member of
of public
public office.
office.

66
32. The Offending Speech imputed to plaintiff
plaintiff a lack of
of integrity in his profession and

personal dealings and suggested to recipients that


personal that plaintiff
plaintiff has engaged in sexual misconduct, that
that he

is likely
is likely to continue
continue doing
doing so,
so, and
2nd that
thathe
heisisguilty
guiltyofof
related
relatedcriminal
criminaloffenses. Defendant
offenses. Defendant

PILTAVER's act
act of
ofgiving
giving publicity to the Offending
publicity to Offending Speech characterized PEDERSEN in aa false
characterized PEDERSEN false

light to the citizens of


of Franklin
Fiank]in Park and in other
other neighboring communities.
communities.

33. The defendant


defendant was
was not
notshielded
shielded by
by any
any qualified,
qualified, conditional or
or absolute
absolute privilege
privilege to

publish the defamatory speech.


speech.

34. The Offending


Offending Speech
Speech and
and any
any related
related implications
implications are highly
highly offensive, do not
offensive, do

constitute opinions, are not


not capable
capable of
ofaareasonable
reasonable innocent
innocentconstruction
construction and
andimply
imply facts reaclily
facts readily

verifiable as fabricated.
ELECTRONICALLY FILED

35. Defendant knew,


Defendant knew, or
or should have
have known,
known,republication of
of the
the Offending
Offending Speech
Speech was
4/22/2016 2:23 PM
2016-L-004120
PAGE 7 of 10

likely to
likely to cause
cause grave
graveand
andirreparable
irreparableharm
harmto
to the plaintiffs personal and professional reputation.
the plaintiff's

36. The defendant


defendant disseminated
disseminated the Offending
Offending Speech
Speech with
with actual malice, knowing the
actual malice,

accusations were
accusations were false
false of
or with
with reckless
reckless disregard
disregardfor
for whether
whether or
or not the
the accusations been
accusations had been

substantiated. PILTAVER,
PILTAVER,at
atthe
thevery
veryleast,
least,entertained
entertained serious
serious doubts
doubts concerning
concerning the veracity of
the veracity of

the accusations but


but republished
republished them
them anyway.
anyway.

37. Defendant PILTAVER disseminated the Offending Speech


disseminated the Speech intending
intending to bring the

plaintiff into
plaintiff into public disgraceand
public disgrace and scandal
scandaland
and to
to injure
injure and
and destroy
destroy the
the plaintiff's
plaintiffs good name and

reputation so
reputation so as
as to
to justify
justify an award
award of
ofpunitive
punitive damages.
damages.

WHEREFORE,
WHEREFORE,the
theplaintiff,
plaintiff, BARRE1
BARRETTF.F.PEDERSEN,
PEDERSEN,prays
praysthat
thatthis
thisHonorable
Honorable Court

enter judgment in his favor


favor and
and against
againstthe
the defendant,
defendant,EUGENE
EUGENE PILTAVER,
PILTAVER, as to Count II of
as to of the

Complaint at
Complaint a t Law and award the
the plaintiff:

7
a. Damages in
in an amount
amount to
to be
be determined
determined at
attrial
trial but
butin
in no
noevent
eventless
less than
than $50,000.00;
$50,000.00;

Punitive damages
b. Punitive damagesin
in an
an amount
amount sufficient
sufficient to
to deter
deter the
the defendant from continuing to

publicize these
publicize these and
and other unsubstantiated, rumors concerning
unsubstantiated, injurious rumors concerning plaintiff;

c. His costs in bringing this action;


action; and

d. Such additional relief


relief as
as this
this Court
Court deems
deems appropriate
appropriate and just.

submitted,
Respectfully submitted,
SMITHAMUNDSEN LLC
SMITHAMUNDSENLLC

e.~!. ~~...
Attoi
Atto yy fo Plaintiff,
fo t e Plaintiff,
BARRETTF.
BARRETT F. EDERSEN
EDERSEN

Jacobson
Ryan B.Jacobson
ELECTRONICALLY FILED

SMITHAMUNDSEN LLC (rirm


SMITHAMUNDSEN (Firm ID
ID #42907)
#42907)
150 North
North Michigan #3300
Michigan Avenue, #3300
4/22/2016 2:23 PM
2016-L-004120
PAGE 8 of 10

Chicago, Illinois
Chicago, Illinois 60601
(312) 894-3252
(312) 894-3252DIRECT
DIRECT
(312)
(312) 997-1780
997-1780 FACSIMILE
FACSIMILE

8
IN THE
IN THECIRCUIT COURT
CIRCUITCOURT OF COOK
OFCOOK COUNTY,
COUNTY, ILLINOIS
ILLINOIS
COUNTY DEPARTMENT
COUNTY DEPARTMENT, LAW
LAW
, DIVISION
DIVISION

BARRE'I"I'
BARRETT F. F. P~DERSEN,
PEDERSEN,

Plaintiff,
Plaintiff, Case No.
Case No.
v.
v.

EUGENE PILTAVER
EUGENE PILTAVER

Defendant.
Defendant.

AFFIDAVIT PURSUANT
PURSUANT TO
TO SUPREME
SUPREME COURT
COURT RULE
RULE222(b)
222(b)

Pursuant to
Pursuant to Supreme
Supreme Court
Couit Rule
Rule 222(b),
222(b), counsel
counsel for
for the
the above-named
above -named plaintiff
plaintiff certifies
certifies that
that
plaintiff seeks
plaintiff seeks money
money damages
damages inin excess
excess of
of Fifty
FiftyThousand
Thousand and
and 00/100ths
00/100ths Dollars
Dollars ($50,000).
($50,000).

~ ~.~
ELECTRONICALLY FILED

Attti ney
Att neyf f rthe
the Plaintiff,
Plaintiff,
4/22/2016 2:23 PM
2016-L-004120
PAGE 9 of 10

BARRETT F.
BARRETT F. PEDERSEN
PEDERSEN

Ryan B.
Ryan B. Jacobson
Jacobson
SMITHAMUNDSENEN
SMITHAMUNDS (Firm ID
T,I.0 (Firm
LLC ID #42907)
#42907)
150
150 North
North Michigan Avenue, #3300
Michigan Avenue, #3300
Chicago, Illinois
Chicago, Illinois 60601
60601
(312) 894-3252
(312) 894-3252DIRECT
DIRECT
(312) 997-1780
(312) 997-1780 TACSIMIL~
FACSIMILE

9
From: Eugene
From: Piltaver <epiltaver@att.net>
Eugene Piltaver <epiltaver@att.net>
Date: March 21,
Date: March 2016 at
21, 2016 4:01:45 PM
at 4:01:45 CDT
PMCDT
To: Barbara
To: Piltaver <busybarb@comcast
Barbara Piltaver .net>,
<busybarb@comcast.net>, Pritchett
Dan Pritchett
Dan
<danbpritchett@Yahoo.com>, >, GENE
<danbpritchett@yahoo.com KOROUS
GENEKOROUS <GENELUBA@C OMCAST.NET>,
<GENELUBA@COMCAST.NET>, "Jackie G."
"Jackie G."
<jgdesk@gmail.com>, >, JAY LIPA
<jgdesk@gmail.com LIPA <MRDEEDS48@
<MRDEEDS48@YAHOO.COM YAHOO.COM>, John
>, John
<jmaloney@chicagogasket.com>,
Maloney <jmaloney@chicagogasket.com>,
Maloney Karen Bellendir
Karen Bellendir
<bellendir@att.net>,
<bellendir@att.net>, lou <skates956@comcast.net>,
georgette <skates956@comcast.net>,
lou georgetta Margaret Regan
Margaret Regan
<regan745@hotmail.
<regan745@hotmail.com com>, >, MIKE EISENMACHER
MIKEEISENMACHER <IRONMIKE850@
<IRONMIKE850@GMAIL.COMGMAIL.COM>, Sharp
Paul Sharp
>, Paul
<psharp54@sbcglobal .net>,
<psharp54@sbcglobal.net>, Thomas Zito <tjzito@yahoo.com> >
Zito <tjzito@yahoo.com
Subject: Fw: What
Subject: Fw: What isis going
going onon with Mayor's Executive
with Mayor's Executive Assistant?
Assistant?
Reply -To: Eugene
Reply-To: Piltaver <epiltaver@att.net>
Eugene Piltaver <epiltaver@att.net>

INTERESTING!!!! WHAT
VERYINTERESTING!!!!
THIS VERY DO YOU
WHAT DO THINKABOUT
YOU THINK ABOUTIT????
IT????

Eugene Piltaver Korean


Eugene Piltaver Korean War Veteran 9613
WarVeteran Richard Ave.
9613 Richard Franklin Park,
Ave. Franklin IL 60131
Park, IL 60131
(847)455-1661 epiltaver@att.net
(847)455-1661 epiltaver@att.net

On March 21,
Monday, March
On Monday, 21, 2016
2016 9:33
9:33 AM, bmatt60645 <bmatt60645@peoplep
AM,bmatt60645 c.com>
<bmatt60645@peoplepc.com> rote:
rote:
ELECTRONICALLY FILED
4/22/2016 2:23 PM
2016-L-004120
PAGE 10 of 10

find itit highly


II find that Mayor Pedersen
suspect that
highly suspect Pedersen hashas as his "Executive
as his Assistant to
"Executive Assistant to the
the Mayor" a
female just
female just a couple
couple ofof years
years outout of
of high school
high school II cannot
cannot find either that
find either that she
she isis
a registered voter or
registered voter resident of
or a resident of Franklin
Franklin Park. certainly has
She certainly
Park. She has no experience as
no experience executive
as an executive
assistant
assistant in in government.
government. So what is
So what is the connection to
the connection the Mayor?
to the Mayor? Based
Based onon credible reports that
credible reports that
the Mayor has
the has been
been banned
banned fromfrom the Underpass for
the Underpass for sexual harassment --grouping
sexual harassment grouping womenwomen in in
inappropriate
inappropriate placesplaces — wouldnot
—I Iwould want my
not want young daughter
my young daughter anywhere
anywhere near
near this
this man.
SO WE
SO WEALL ALLHAVE
HAVE TO TO ASK OURSELVES
ASKOURSELVES WHAT
WHAT IS REALLY
IS REALLY GOING GOINGON ONHERSHERE AND ANDIS IS
IT ALL
IT APPROPRIATE?
ALLAPPROPRIATE?
Ken

PRIVILEGE AND
PRIVILEGE CONFIDENTIALITYNOTICE
AND CONFIDENTIALITY NOTICE
This
This email
email and
and any
any files
files transmitted
transmitted with
with itit are confidential
are confidential and
and intended
intended
solely
solely for
for the
the use
use of
of the individual
the individual or
o.r entity
entity to
to which
which they
they are
are addressed.
addressed.
If you
If you have
have received
received this
this email
email inin error
error please
please notify
notify the
the sender
sender immediately
immediately
by replying
by replying to this
to this email.
email. Thank
'Phank You.
You.

A
EXHIBIT A
2120 - Served 2121 - Served
2220 - Not Served 2221 - Not Served
2320 - Served By Mail 2321 - Served By Mail
2420 - Served By Publication 2421 - Served By Publication
Summons - Alias Summons (12/31/15) CCG N001

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

BARRETT F. PEDERSEN;
v. No. 2016-L-004120
EUGENE PILTAVER Defendant Address:
EUGENE PILTAVER
9613 RICHARD AVENUE
FRANKLIN PARK, IL 60131

SUMMONS ALIAS - SUMMONS


To each defendant:
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto
attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room 801 ,Chicago, Illinois 60602
District 2 - Skokie District 3 - Rolling Meadows District 4 - Maywood
5600 Old Orchard Rd. 2121 Euclid 1500 Maybrook Ave.
Skokie, IL 60077 Rolling Meadows, IL 60008 Maywood, IL 60153
District 5 - Bridgeview District 6 - Markham Child Support
10220 S. 76th Ave. 16501 S. Kedzie Pkwy. 28 North Clark St., Room 200
Bridgeview, IL 60455 Markham, IL 60428 Chicago, Illinois 60602
You must file within 30 days after service of this Summons, not counting the day of service.

IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE
RELIEF REQUESTED IN THE COMPLAINT.

To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so
endorsed. This Summons may not be served later than thirty (30) days after its date.

Atty. No.: 42907 Witness: Friday, 22 April 2016


Name: SMITH AMUNDSEN LLC
Atty. for: BARRETT F. PEDERSEN DOROTHY BROWN, Clerk of Court
Address: 150 N MICHIGAN AVE
City/State/Zip Code: CHICAGO, IL 60601 Date of Service:
Telephone: (To be inserted by officer on copy left with Defendant or other person)
(312) 894-3200
Primary Email Address: rjacobson@salawus.com
**Service by Facsimile Transmission will be accepted at:
Secondary Email Address(es):
dmorales@salawus.com
(Area Code) (Facsimile Telephone Number)

/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS


Page 1 of 1
Law DIVISION
Litigant List

Printed on 04/22/2016

Case Number: 2016-L-004120 Page 1 of 1

Plaintiffs
Plaintiffs Name Plaintiffs Address State Zip Unit #

BARRETT F. PEDERSEN

Total Plaintiffs: 1

Defendants
Defendant Name Defendant Address State Unit # Service By
EUGENE PILTAVER 9613 RICHARD AVENUE FRANKLIN IL 60131 Sheriff-Clerk
PARK,

Total Defendants: 1

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