Original 9/6/2023 Complaint Finch, Phelan et al v. nuEra et al

The original complaint

It fully written out:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

JOSEPH PHELAN, JUAN FINCH, JR.; and

RYAN PHELAN, INVIDUALLY AND

DERIVATIVELY ON BEHALF OF UNION

CITY HOLDING, LLC and UNION CITY

PRODUCTIONS, LLC,

Plaintiffs,

vs.

NUMED PARTNERS, LLC; NUMED

MANAGERS INCORPORATED; NUERA

NEW BUFFALO, LLC; NUMED

PARTNERS MICHIGAN, LLC; NE MI,

LLC; NUERA EAST PEORIA, LLC;

NUERA PEKIN, LLC; NUERA URBANA,

LLC; NUERA AURORA, LLC; NUERA

CHICAGO, LLC; NUERA ACQUISTIONS,

LLC; IESO, LLC; TB NUERA JV LLC;

ROBERT V. FITZSIMMONS; ROBERT

FITZSIMMONS, JR.; SHEILA

FITZSIMMONS; PATRICK BRADY;

LAURA JARAMILLO BERNAL; PATRICK

COATS; DIVINA CAPELLUPO; THOMAS

VANCE; ANDY DAMICO and KENNETH

SLEPICKA.

Defendants.

Case No.:

PLAINTIFFS DEMAND A TRIAL

BY JURY

COMPLAINT AT LAW

JOSEPH PHELAN, JUAN FINCH, JR.; and RYAN PHELAN, INVIDUALLY AND

DERIVATIVELY ON BEHALF OF UNION CITY HOLDING, LLC and UNION CITY

2

PRODUCTIONS, LLC, by and through their attorneys, Morrisroe & Associates, Ltd., and

for their Complaint, complaining of the Defendants, NUMED PARTNERS, LLC; NUMED

MANAGERS INCORPORATED; NUERA NEW BUFFALO, LLC; NUMED PARTNERS

MICHIGAN, LLC; NE MI, LLC; NUERA EAST PEORIA, LLC; NUERA PEKIN, LLC;

NUERA URBANA, LLC; NUERA AURORA, LLC; NUERA CHICAGO, LLC; NUERA

ACQUISTIONS, LLC; IESO, LLC; TB NUERA JV, LLC; ROBERT V. FITZSIMMONS;

ROBERT FITZSIMMONS, JR.; SHEILA FITZSIMMONS; PATRICK BRADY; LAURA

JARAMILLO BERNAL; PATRICK COATS; DIVINA CAPELLUPO; THOMAS VANCE;

ANDY DAMICO and KENNETH SLEPICKA, and pleading hypothetically and in the

alternative, states as follows:

PARTIES

1. Plaintiff, JOSEPH PHELAN, (hereinafter sometimes referred to as “JP”) is an

individual residing in Chicago, County of Cook, and State of Illinois.

2. Plaintiff, JUAN FINCH, JR, (hereinafter sometimes referred to as “JF” or

“Juan”) is an individual residing in Florida. JF is an African American, permanently

disabled Navy veteran.

3. Plaintiff, RYAN PHELAN, (hereinafter sometimes referred to as “RP”) is an

individual residing in Chicago, Cook County, Illinois. RP owns thirty-three and one-third

(33 1⁄2) of the issued and outstanding membership interests in UC Holding and UC

3

Production.

4. Plaintiff, UNION CITY HOLDING, LLC, (hereinafter sometimes referred to

as “UC Holding”) is a Michigan limited liability company.

5. Plaintiff, UNION CITY PRODUCTION, LLC, (hereinafter sometimes

referred to as “UC Production”) is a Michigan limited liability company.

6. Defendant NUMED PARTNERS, LLC (hereinafter sometimes referred to as

“NMP”) and, upon information and belief, is an Illinois limited liability company.

7. Defendant NUMED MANAGERS, INCORPORATED (hereinafter

sometimes referred to as “NMM”) and, upon information and belief, is an Illinois

corporation.

8. Defendant NUERA NEW BUFFALO, LLC (hereinafter sometimes referred

to as “NEB”) and, upon information and belief, is a Michigan limited liability company.

9. Defendant NUMED PARTNERS MICHIGAN, LLC (hereinafter sometimes

referred to as “NMPM”) and, upon information and belief, is an Illinois limited liability

company.

10. Defendant NE MI, LLC (hereinafter sometimes referred to a “NEMI”) and ,

upon information and belief, is a Michigan limited liability company.

11. Defendant NUERA EAST PEORIA, LLC (hereinafter sometimes referred to

as “NEEP”) and, upon information and belief, is an Illinois limited liability company.

4

12. Defendant NUERA PEKIN, LLC (hereinafter sometimes referred to as

“NEPEKIN”) and, upon information and belief, is an Illinois limited liability company.

13. Defendant NUERA URBANA, LLC (hereinafter sometimes referred to as

“NEU”) and, upon information and belief, is an Illinois limited liability company.

14. Defendant NUERA AURORA, LLC (hereinafter sometimes referred to as

“NEA”) and, upon information and belief, is an Illinois limited liability company.

15. Defendant NUERA CHICAGO, LLC (hereinafter sometimes referred to as

“NEC”) and, upon information and belief, is an Illinois limited liability company.

16. Defendant NUERA ACQUSIITIONS, INC. (hereinafter sometimes referred

to as “NEAI”) and, upon information and belief, is an Illinois limited liability company.

17. Defendant IESO, LLC (hereinafter sometimes referred to as “IESO”) and,

upon information and belief, is an Illinois limited liability company.

18. Defendant TB NUERA JV LLC (hereinafter sometimes referred to as “TB”)

and, upon information and belief, is an Illinois limited liability company.

19. Defendant ROBERT V. FITZSIMMONS (hereinafter sometimes referred to as

“Fitzsimmons”), is an individual and, upon information and belief, a resident of the State

of Illinois.

20. Fitzsimmons is the CEO of NMP.

5

21. Defendant ROBERT V. FITZSIMMONS, JR. (hereinafter sometimes referred

to as “Robb”), is an individual and, upon information and belief, a resident of the State of

Illinois.

22. Defendant SHELIA FITZSIMMONS (hereinafter sometimes referred to as

“Sheila”), is an individual and, upon information and belief, a resident of the State of

Illinois.

23. Defendant LAURA JARAMILLO BERNAL (hereinafter sometimes referred

to as “Bernal”), is an individual and, upon information and belief, a resident of the State of

Illinois.

24. Defendant PATRICK COATS (hereinafter sometimes referred to as “Coats),

is an individual and, upon information and belief, a resident of the State of Utah.

25. Defendant DIVINA CAPELLUPO (hereinafter sometimes referred to as

“Capellupo”), is an individual and, upon information and belief, a resident of the State of

Illinois.

26. Defendant THOMAS VANCE (hereinafter sometimes referred to as

“Vance”), is an individual and, upon information and belief, a resident of the State of

Illinois.

27. Defendant ANDY DAMICO (hereinafter sometimes referred to as

“Damico”), is an individual and, upon information and belief, a resident of the State of

6

California.

28. Defendant KENNETH SLEPICKA (hereinafter sometimes referred to as

“Slepicka”), is an individual and, upon information and belief, a resident of the State of

Illinois.

VENUE

29. Venue is proper in this Court pursuant to Section 2-101 of the Illinois Code

of Civil Procedure because several the individual defendants resides in this county,

because defendants NuMed and NuEra are located in this county and transacts business

in this county, and because the events giving rise to the claims in this action occurred in

this county.

FACTS COMMON TO ALL COUNTS

30. The Defendants are collectively engaged in the recreational marijuana

business in both Illinois and Michigan.

31. The recreational marijuana business is comprised of three primary business

segments: the grow facility, the processing facility and the retail establishments where the

processed marijuana products are sold.

32. Union City Holdings, LLC is a licensed marijuana grow facility located in

Union City, Michigan.

7

33. Ryan Phelan and Fitzsimmons are the sole members of Union City Holdings.

Ryan Phelan has a 33.33% membership interest and Fitzsimmons has a 66.66% membership

interest.

34. Union City Holding was formed in the State of Michigan on July 25, 2019,

and the members entered into an Amended and Restated Operating Agreement governing

the operations of the limited liability company on December 18, 2020. A true and correct

copy of the Amended and Restated Operating Agreement is attached hereto as Exhibit No.

1.

35. Union City Productions is a licensed marijuana processing facility located in

Union City, Michigan.

36. Ryan Phelan and Fitzsimmons are the sole members of Union City

Productions. Ryan Phelan has a 33.33% membership interest and Fitzsimmons has a

66.66% membership interest.

37. Union City Productions was formed in the State of Michigan on July 25, 2019,

and the members entered into an Amended and Restated Operating Agreement governing

the operations of the limited liability company on December 18, 2020. A true and correct

copy of the Amended and Restated Operating Agreement is attached hereto as Exhibit No.

2.

8

38. Further, in October 2019, Union City Holdings, Union City Productions and

NuMed Partners Michigan entered into a Letter of Intent which included exclusivity

provisions requiring that future transactions be referred to NPM. A true and correct copy

of the Letter of Intent is attached hereto as Exhibit No. 3.

39. Ryan Phelan, Fitzsimmons and Sheila are each licensed by the State of

Michigan to operate Union City Holding and Union City Productions and remain subject

to the strict licensing requirements and rules promulgated by the State of Michigan as the

Medical Marihuana Licensing Facilities Act, 2106 PA 281.

40. Upon information and belief, each of the individual defendants has an

ownership interest in the various NuMed or NuEra entities.

COUNT I

BREACH OF CONTRACT (UNION CITY HOLDING)

41-81. Plaintiff RYAN PHELAN adopts and realleges the allegations of paragraphs

1 through 40 of Complaint as though fully set forth herein as its paragraphs 41 through 81

of this Count I.

81. Fitzsimmons is the Manager of Union City Productions as such manager has

control of the financial books, records and accounts of Union City Productions, including

tax returns.

82. Since 2019 through the date of this filing, Fitzsimmons has failed and refused

to provide Ryan with financial records regarding the operation of Union City Holding,

9

including the failure to provide copies of the corporate tax returns and any associated K-1

statements.

83. Since 2019 through the date of this filing, Ryan has demanded the

aforementioned financial records.

84. Fitzsimmons is the Manager of Union City Productions as such manager has

control of the financial books, records and accounts of Union City Productions, including

tax returns.

85. Since 2019 through the date of this filing, Fitzsimmons has failed and refused

to provide Ryan with financial records regarding the operation of Union City Holding,

including the failure to provide copies of the corporate tax returns and any associated K-1

statements.

86. Since 2019 through the date of this filing, Ryan has demanded the

aforementioned financial records.

87. Upon information and belief, Fitzsimmons has diverted profits or losses from

the business operations of Union City Holding for his personal benefit to the detriment of

Ryan.

88. In 2023, Fitzsimmons hired Andy Damico without Ryan’s consent and over

his specific objection.

10

89. In 2023, Fitzsimmons transferred over $1,000,000 in product belonging to

Union City Productions without Ryan’s consent. Said actions were to the detriment of both

Ryan and the Union City entities.

WHEREFORE, Plaintiff RYAN PHELAN prays for Judgment against Defendant

ROBERT V. FITZSIMMONS in an amount in excess of $100,000.00, or such amount to be

proven at trial, plus prejudgment interest and costs of this suit.

COUNT II

COMMON LAW FRAUD (UNION CITY PRODUCTIONS)

90-179. Plaintiff RYAN PHELAN adopts and realleges the allegations of

paragraphs 1 through 89 of Count I as though fully set forth herein as its paragraphs90

through 179 of this Count II.

180. Upon information and belief, Defendant Fitzsimmons has diverted profits or

losses due to Ryan for his own personal benefit.

181 Upon information and belief, Defendant Fitzsimmons has made both state

and federal tax filings which do not properly reflect Ryan’s ownership interest in Union

City Productions.

182 Upon information and belief, Defendant Fitzsimmons has filed reports with

the State of Michigan which do not properly reflect Ryan’s ownership interest in Union

City Holding and Union City Productions.

11

183. In 2023, Fitzsimmons hired Andy Damico without Ryan’s consent and over

his specific objection.

184. In 2023, Fitzsimmons transferred over $1,000,000 in product belonging to

Union City Productions without Ryan’s consent. Said actions were to the detriment of both

Ryan and the Union City entities.

WHEREFORE, Plaintiff RYAN PHELAN prays for Judgment against Defendant

ROBERT V. FITZSIMMONS in an amount in excess of $100,000.00, or such amount to be

proven at trial, plus prejudgment interest and costs of this suit.

COUNT III

DERIVATIVE CLAIMS (UNION CITY HOLDING)

185-225. Plaintiff RYAN PHELAN ON BEHALF OF UNION CITY

HOLDING adopts and realleges the allegations of paragraphs 41 through 81 of Count I of

the Complaint as though fully set forth herein as its paragraphs 185 through 225 of this

Count III.

226. Fitzsimmons is the Manager of Union City Productions and as such manager

has control of the financial books, records and accounts of Union City Productions,

including tax returns.

227 . Since 2019 through the date of this filing, Fitzsimmons has failed and refused

to provide Ryan with financial records regarding the operation of Union City Holding,

including the failure to provide copies of the corporate tax returns and any associated K-1

12

statements.

228. Since 2019 through the date of this filing, Ryan has demanded the

aforementioned financial records.

229. Fitzsimmons is the Manager of Union City Productions and as such manager

has control of the financial books, records and accounts of Union City Productions,

including tax returns.

230. Since 2019 through the date of this filing, Fitzsimmons has failed and refused

to provide Ryan with financial records regarding the operation of Union City Holding,

including the failure to provide copies of the corporate tax returns and any associated K-1

statements.

231. Since 2019 through the date of this filing, Ryan has demanded the

aforementioned financial records.

232. Upon information and belief, Fitzsimmons has diverted profits or losses from

the business operations of Union City Holding and Union City Productions for his personal

benefit to the detriment of Union City Holding.

233. In 2023, Fitzsimmons hired Andy Damico without Ryan’s consent and over

his specific objection.

234. In 2023, Fitzsimmons transferred over $1,000,000 in product belonging to

Union City Productions without Ryan’s consent. Said actions were to the detriment of both

13

Ryan and the Union City entities.

WHEREFORE, Plaintiff RYAN PHELAN ON BEHALF OF UNION CITY

HOLDING for Judgment against Defendant ROBERT V. FITZSIMMONS in an amount

in excess of $100,000.00, or such amount to be proven at trial, plus prejudgment interest

and costs of this suit.

COUNT IV

DERIVATIVE CLAIMS (UNION CITY PRODUCTIONS)

235-275. Plaintiff RYAN PHELAN ON BEHALF OF UNION CITY

PRODUCTIONS adopts and realleges the allegations of paragraphs 41 through 81 of

Count I of the Complaint as though fully set forth herein as its paragraphs 235 through 275

of this Count IV.

276. Upon information and belief, Defendant Fitzsimmons has diverted profits or

losses due to Ryan for his own personal benefit.

277 Upon information and belief, Defendant Fitzsimmons has made both state

and federal tax filings which do not properly reflect Ryan’s ownership interest in Union

City Holding and Union City Productions.

278 Upon information and belief, Defendant Fitzsimmons has filed reports with

the State of Michigan which do not properly reflect Ryan’s ownership interest in Union

City Holding and Union City Productions.

14

279. Upon information and belief, Fitzsimmons has diverted profits or losses from

the business operations of Union City Holding and Union City Productions for his personal

benefit to the detriment of Union City Productions.

280. In 2023, Fitzsimmons hired Andy Damico without Ryan’s consent and over

his specific objection.

281. In 2023, Fitzsimmons transferred over $1,000,000 in product belonging to

Union City Productions without Ryan’s consent. Said actions were to the detriment of both

Ryan and the Union City entities.

WHEREFORE, Plaintiff RYAN PHELAN ON BEHALF OF UNION CITY

PRODUCTIONS prays for Judgment against Defendant ROBERT V. FITZSIMMONS in

an amount in excess of $100,000.00, or such amount to be proven at trial, plus prejudgment

interest and costs of this suit.

COUNT V

BREACH OF CONTRACT - THE IESO TRANSACTION

282-322. Plaintiff JOSEPH PHELAN adopts and realleges the allegations of

paragraphs 1 through 40 of the Complaint as though fully set forth herein as its paragraphs

282 through 322 of this Count V.

323. As part of Joseph Phelan’s business agreement with Fitzsimmons and the

NuMed and NuEra entities, he was to locate and secure other medical and recreational

15

marijuana businesses entities for the entities and, in exchange for which, he would retain a

one-third ownership interest.

324. On March 7, 2023, Joseph secured a verbal agreement to negotiate to acquire

IESO LLC from a broker in Niles, Michigan. Based upon his agreements with Fitzsimmons

and the NuMed and NuEra entities, Joseph advised Fitzsimmons of the opportunity and

Fitzsimmons indicated he wanted to pursue it for NuMed and/or NuEra upon the same

terms as their prior transactions with Joseph to retain a one-third ownership interest in the

business.

325 Fitzsimmons then negotiated for the acquisition for IESO and NuEra began

operating the IESO facilities pursuant to a management agreement, pending formal

approval by the State of Illinois and the closing.

326. On March 7, 2022, Robb texted Joseph inquiring as to how Joseph learned of

the opportunity and instructing Joseph not to discuss the transaction with the broker as

NuEra wanted to avoid paying any broker fees.

327. In March 2023, Coats called Joseph and informed him that Robb was going

to try and screw Joseph over and to confirm his deal with Fitzsimmons as Robb and the

other shareholders did not want Joseph to retain the equity position in IESO.

16

328. On March 16, 2023, Joseph and Fitzsimmons met at the offices of American

Community Bank in Chicago, Illinois to discuss the IESO transaction as well as the other

businesses. Two independent witnesses also attended this meeting.

329. During the meeting Fitzsimmons said the cost of Joseph retaining the agreed

one-third ownership in IESO was too costly and wanted to reach an alternative

arrangement with Joseph. Fitzsimmons offered that in exchange for waiving the

ownership interest in IESO, Phelan would receive a three (3%) percent ownership interests

in all of the NuMed / NuEra entities and a salary of $500,000 per year. The Phelans would

retain their current ownership interest in Union City Holding and Union City Productions

and Joseph would continue to seek new business opportunities for the NuMed / NuEra

businesses.

330. Joseph agreed to the terms offered by Fitzsimmons and Fitzsimmons stated

that Brady, who also serves as NuMed / NuEra’s counsel) would prepare the contracts.

Phelan confirmed his agreement later that same day in a text message to Fitzsimmons.

331. On May 11, 2023, Fitzsimmons sent an article to Joeseph regarding the IESO

transaction and was reminded by Joseph to send the contract documents.

332. In the intervening months, Joseph and his counsel have repeatedly reached

out to NuMed / NuEra to finalize the contracts. Absent anything to the contrary, Joseph

would own one-third of the IESO transaction.

17

333. IESO is believed to be a transaction in the range of $45,000,000.

334. After the March 2023 meeting, Joseph learned that Robb and the other

shareholders were objecting to his ownership and compensation agreement and were in a

dispute with Fitzsimmons regarding those issues. Fitzsimmons had full power and

authority to enter into such agreements with Joseph.

335. By virtue of the agreements reached with Fitzsimmons in March of 2023,

Joseph and/or the Phelan Plaintiffs have a three (3%) percent non-dilutable equity

ownership interest in each of the NuMed and NuEra defendants, including IESO and TB

NUERA JV, LLC.

WHEREFORE, Plaintiff JOSEPH PHELAN prays for Judgment against Defendants,

NUMED PARTNERS, LLC; NUMED MANAGERS INCORPORATED; NUERA NEW

BUFFALO, LLC; NUMED PARTNERS MICHIGAN, LLC; NE MI, LLC; NUERA EAST

PEORIA, LLC; NUERA PEKIN, LLC; NUERA URBANA, LLC; NUERA AURORA, LLC;

NUERA CHICAGO, LLC; NUERA ACQUISTIONS, LLC; IESO, LLC; ROBERT V.

FITZSIMMONS; ROBERT FITZSIMMONS, JR.; SHEILA FITZSIMMONS; PATRICK

BRADY; LAURA JARAMILLO BERNAL; PATRICK COATS; DIVINA CAPELLUPO;

THOMAS VANCE; ANDY DAMICO and KENNETH SLEPICKA, in an amount in excess

of $100,000.00, or such amount to be proven at trial, plus prejudgment interest and costs of

this suit.

18

COUNT VI

CIVIL CONSPIRACY TO COMMIT FRAUD - THE IESO TRANSACTION

336-387. Plaintiff JOSEPH PHELAN adopts and realleges the allegations of

paragraphs 282 through 335 of Count V of the Complaint as though fully set forth herein

as its paragraphs 336 through 387 of this Count VI.

387. Pursuant to an agreement between t h e Defendants, and through

their concerted actions, a scheme, in breach of contractual, state-law and federal-law

obligations, was perpetrated to defraud the Phelan Plaintiffs and obtain monetary and

other benefits.

388. In furtherance of the conspiracy, and in an effort to obtain significant

monetary and other benefits, Defendants misrepresented and concealed their intentions

regarding honoring their agreements with the Phelan Plaintiffs, failed to report to the

State of Illinois the ownership interests of the Phelan Plaintiff in the IESO transaction; and

acted in a scheme to deprive the business broker of compensation due.

389. As co-conspirators in the scheme, Defendants are jointly and severally

liable for any and all damages the Phelan Plaintiffs incurred as a result.

390. As a direct and proximate result of Defendants' conduct and

malfeasance, the Phelan Plaintiffs suffered damages.

391. As a direct and proximate result of Defendants' conduct, the Phelan

Plaintiffs have suffered injury for which compensation is sought in the form of monetary

19

damages, in the amount that will be established at trial by jury.

WHEREFORE, Plaintiff JOSEPH PHELAN prays for Judgment against Defendants,

NUMED PARTNERS, LLC; NUMED MANAGERS INCORPORATED; NUERA NEW

BUFFALO, LLC; NUMED PARTNERS MICHIGAN, LLC; NUERA EAST PEORIA, LLC;

NUERA PEKIN, LLC; NUERA URBANA, LLC; NE MI, LLC; NUERA AURORA, LLC;

NUERA CHICAGO, LLC; NUERA ACQUISTIONS, LLC; IESO, LLC; ROBERT V.

FITZSIMMONS; ROBERT FITZSIMMONS, JR.; SHEILA FITZSIMMONS; PATRICK

BRADY; LAURA JARAMILLO BERNAL; PATRICK COATS; DIVINA CAPELLUPO;

THOMAS VANCE; ANDY DAMICO and KENNETH SLEPICKA, in an amount in excess

of $100,000.00, or such amount to be proven at trial, plus prejudgment interest and costs of

this suit.

COUNT VII

CIVIL CONSPIRACY TO COMMIT FRAUD – THE FINCH, JR. V. TRETO, JR. LITIGATION

392-432. Plaintiff JUAN FINCH, JR. adopts and realleges the allegations of

paragraphs 1 through 39 of the Complaint as though fully set forth herein as its paragraphs

383 through 422 of this Count VII.

433. Juan is an employee of NuEra Michigan. Juan further met with and was

interviewed by Laura with respect to owning and operating a dispensary in Illinois under

the NuEra brand.

20

434. Juan wanted to apply for a Conditional Adult Use Dispensing Organization

License pursuant to the Illinois Cannabis Regulation and Tax Act.

435. The Illinois Department of Financial and Professional Regulation barred Juan

from participating, primarily due to his residency status advising there would be no point

to apply.

436. At or about this same time, Fitzsimmons and the NuEra entities devised a

scheme to limit the number of new licensees and therefore the competition to their existing

business operations.

437. Fitzsimmons contacted Joseph seeking a social equity applicant who had

denied a Conditional Adult Use Dispensing Organization License and referenced Juan.

438. Fitzsimmons proposed a scheme whereby NuEra would make Juan the lead

plaintiff in a lawsuit against The Illinois Department of Financial and Professional

Regulation in order to enjoin the Department from issuing 185 conditional licenses to new

licensees.

439. Fitzsimmons and NuEra formed a SPAC or “blank check” company to

secretly underwrite the litigation expenses actually incurred in the litigation.

440. Fitzsimmons and NuEra selected legal counsel for Juan and directed all

aspects of the litigation either personally or via their SPAC.

21

441. Based on the actions of Fitzsimmons and NuEra, Juan filed a Complaint for

Injunctive and Declaratory Relief against Mario Treto, Jr., in his official capacity, that

lawsuit is presently on appeal.

442,. Fitzsimmons and NuEra agreed that they would provide Juan with a

dispensary license and facility in exchange for acting as the lead plaintiff.

443. Fitzsimmons and NuEra used Juan as a “schill” in order to advance their

improper business agenda against the State of Illinois seeking to limit and chill the

competition against them. The practical effect of the litigation was that the value of other

licenses decreased enabling defendants to profit on the market.

435. After each substantive court event, Fitzsimmons and/or Robb debriefed Juan

to advise him of the next steps in the litigation using Joseph’s phone as a cut-off to attempt

to avoid direct contact with Juan.

445. Juan and the citizens of the State of Illinois sustained damages as a result of

defendants’ actions.

WHEREFORE, Plaintiff JUAN FINCH, JR. prays for Judgment against Defendants,

NUMED PARTNERS, LLC; NUMED MANAGERS INCORPORATED; NUERA NEW

BUFFALO, LLC; NUMED PARTNERS MICHIGAN, LLC; NE MI, LLC; NUERA EAST

PEORIA, LLC; NUERA PEKIN, LLC; NUERA URBANA, LLC; NUERA AURORA, LLC;

NUERA CHICAGO, LLC; NUERA ACQUISTIONS, LLC; IESO, LLC; ROBERT V.

22

FITZSIMMONS; ROBERT FITZSIMMONS, JR.; SHEILA FITZSIMMONS; PATRICK

BRADY; LAURA JARAMILLO BERNAL; PATRICK COATS; DIVINA CAPELLUPO;

THOMAS VANCE; ANDY DAMICO and KENNETH SLEPICKA, in an amount in excess

of $100,000.00, or such amount to be proven at trial, plus prejudgment interest and costs of

this suit.

Respectfully Submitted,

JOSEPH PHELAN, JUAN FINCH, JR.; and

RYAN PHELAN, INVIDUALLY AND

DERIVATIVELY ON BEHALF OF UNION

CITY HOLDING, LLC and UNION CITY

PRODUCTIONS, LLC,

By: /s/ Michael J. Morrisroe __________________

One of Their attorneys

Previous
Previous

Proof of Settlement for Employee issues with nuEra