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Case: 1:12-cv-00897 Document #: 1 Filed: 02/08/12 Page 1 of 10 PageID #:1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JESSICA JOHNSON,
JACQUELINE LITMAN,
NAOMI GATES,
CRESS WRENN,
CLAUDIA LYKO,
KRISTY HACK,
CAROLYN BARTLEY,
MELISSA GANSER,
LINDSAY MIDURA,
MIA BLAGSVEDT,
HEATHER BARTZ,
KATHERINE FRANKLIN,
JOANNA PARYS,
SANDRA ESTEVANE,
CAROLINE FIERMUGA,
KAYLEIGH ZARNDT,
DAYLEEN MARRERO,
RACHEL OSTING, and
TRACY VELAZQUEZ,
Plaintiffs,

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v.
TK CHICAGO LOOP, LLC, d/b/a
TILTED KILT PUB & EATERY; and
TILTED KILT FRANCHISE
OPERATING LLC,
Defendants.

Case No.

JURY DEMANDED

COMPLAINT
Now come the Plaintiffs, Jessica Johnson, Jacqueline Litman, Naomi Gates, Cress
Wrenn, Claudia Lyko, Kristy Hack, Carolyn Bartley, Melissa Ganser, Lindsay Midura, Mia
Blagsvedt, Heather Bartz, Katherine Franklin, Sandra Estevane, Caroline Fiermuga, Kayleigh
Zarndt, Dayleen Marrero, Rachel Osting, Joanna Parys and Tracy Zelazquez, through their
attorneys in this matter, Orum & Roth, LLC, and complaining of the Defendants, TK Chicago

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Loop, LLC d/b/a Tilted Kilt Pub & Eatery and Tilted Kilt Franchise Operating LLC, state as
follows:
JURISDICTION
1.

The present action alleges claims premised on Title VII of the Civil Rights Act of

1964, as amended, 42 U.S.C. 2000 et seq. Subject matter jurisdiction for those claims is
premised 28 U.S.C. 1331. Supplemental jurisdiction for the state law claim alleged herein is
premised on 28 U.S.C. 1367.
2.

Venue is proper in this Court pursuant to 28 U.S.C. 1391, because a substantial

part of the events giving rise to the claim occurred in this District.
3.

On June 01, 2011, the following Plaintiffs filed Charges of harassment and

retaliation with the EEOC against TK Chicago Loop, LLC, d/b/a/ Tilted Kilt Pub & Eatery
(Tilted Kilt Chicago) and Tilted Kilt Franchise Operating LLC (Tilted Kilt Corporate):
Jessica Johnson
Kristy Hack
Jacqueline Litman
Naomi Gates
Cress Wrenn
Claudia Lyko
Carolyn Bartley
Melissa Ganser
Lindsay Midura
Mia Blagsvedt

4.

No. 440-2011-04132
No. 440-2011-04134
No. 440-2011-04135
No. 440-2011-04136
No. 440-2011-04137
No. 440-2011-04138
No. 440-2011-04139
No. 440-2011-04140
No. 440-2011-04141
No. 440-2011-04142

On June 15, 2011, the following Plaintiffs filed Charges of harassment and

retaliation with the EEOC against Tilted Kilt Chicago and Tilted Kilt Corporate:
Kayleigh Zarndt
Caroline Fiermuga
Rachel Osting
Joanna Parys
Tracy Velazquez
Dayleen Marrero

No. 440-2011-04124
No. 440-2011-04123
No. 440-2011-04126
No. 440-2011-04128
No. 440-2011-04127
No. 440-2011-04125
2

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Katherine Franklin
Sandra Estevane
Heather Bartz

5.

No. 440-2011-04121
No. 440-2011-04122
No. 440-2011-04120

Each charge of harassment and retaliation as alleged above was filed with the

EEOC against Tilted Kilt Chicago and Tilted Kilt Corporate within 300 days from the date of the
last act of harassment and retaliation.
6.

Plaintiffs received right to sue letters from the EEOC on all of the Plaintiffs

charges on February 2, 2012 and February 3, 2012, as is shown in the right to sue letters attached
hereto as Group Exhibit A. Plaintiffs filed the instant lawsuit within 90 days from receipt of
the right to sue letters, and have otherwise met all prerequisites required under the law to
maintain this lawsuit.
FACTS COMMON TO ALL COUNTS
7.

Plaintiffs were at all relevant times employees of Tilted Kilt Chicago, located at

17 North Wabash Avenue in Chicago, Illinois. The Plaintiffs are all female, and therefore part of
a protected class.
8.

Defendant, Tilted Kilt Chicago, is an Illinois limited liability company. Tilted Kilt

Chicago is owned by Athan Thomas Sotos, Chris Tomaras and TI Management Group, LLC.
Tilted Kilt Chicago at all times employed Dennis Sotos as the manager of Tilted Kilt Chicago,
and as the Plaintiffs supervisor.
9.

Tilted Kilt Corporate is a Wyoming limited liability company, with its principal

place of business in Tempe, Arizona.


10.

Tilted Kilt Corporate entered into a franchise agreement with Tilted Kilt Chicago,

pursuant to which Tilted Kilt Corporate maintains control over the operations of Tilted Kilt
Chicago and mandates that Tilted Kilt Chicago follow certain policies and procedures. Tilted
3

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Kilt Corporate, for example, maintains a human resources department that oversees and manages
relations with all Tilted Kilt franchisees, including Tilted Kilt Chicago, and all Tilted Kilt
employees. Tilted Kilt Corporate maintains Application for Employment forms pursuant to
which employees apply for employment with Tilted Kilt Corporate.

Further, Tilted Kilt

Corporate also issued each employee a Tilted Kilt Employee Handbook that references Tilted
Kilt Corporate as an employer of all Tilted Kilt employees. Tilted Kilt Corporate was at all
times a joint employer of the Plaintiffs.
COUNT I
(Sexual Harassment)
11.

Plaintiffs reallege and reassert the allegations contained in paragraphs 1 through

10 as and for the allegations contained in paragraph 11, as if fully set forth herein.
12.

At all relevant times, Tilted Kilt Chicago and Tilted Kilt Corporate were

industries affecting commerce, employed 15 or more employees, and were an employer within
the meaning of Title VII of the Civil Rights Act of 1964.
13.

Beginning around the time of the opening of Tilted Kilt Chicago in 2009, and

continuing until after Plaintiffs filed their EEOC Charges, the actions of one of the Tilted Kilts
managers, Dennis Sotos, and as alleged in paragraph 13.J.) one of Tilted Kilt Chicagos owners,
created a sexually hostile, offensive, humiliating and degrading work environment, by engaging
in conduct that includes, but is not limited to, the following unwanted conduct against women
employees, because of their gender, on a regular, systematic and on-going basis:
A.) Taking a straw full of water, placing it down at least one of the Plainitffs dresses,
releasing the water and making comments such as Im trying to get your panties wet and
Thats how Daddy likes it with your panties wet.
B.) Stating to one or more of the Plaintiffs: meow, meow- youre a dirty kitty.

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C.) Making comments to one or more Plaintiffs such as You dont know what Id like
to do to you.
D.) Telling one or more of the Plaintiffs: I want to f@%k you and I want to f@%k
you so bad.
E.) Telling one or more of the Plaintiffs: You look f@%king hot.
F.) Loudly discussing pornography with customers.
G. Engaging in talk about pornography with one or more Plaintiffs, including reference to
the 80s bush, and explicit content about Dennis Sotos and his wifes sexual life.
H.) Asking one or more Plaintiffs to smell my finger.
I.) Saying things about riding his handlebars when referring to his mustache and women
sitting on his face.
J.) Dennis Sotos and owner Thomas Sotos calling one or more Plaintiffs by sexually
derogatory nicknames, including a name that a Plaintiff was told translates from Greek to
English as: You give me a hard on.
K.) Propositioning one or more of the Plaintiffs.
L.) Asking a Plaintiff to have her and a female friend participate in a mnage a trois.
M.) Commenting to a Plaintiff about the breasts and buttocks of other female employees.
N.) Making out with customers in plain view of the Tilted Kilt staff in the restaurant, and
taking women in his office.
O.) Telling a Plaintiff about his sexual exploits with women in his office.
P.) Telling a Plaintiff that the way to get to a promotion was to have sex with him.
Q.) Forcing himself in an aggressive sexual manner on a 19 year old employee.
R.) Grabbing one or more of Plaintiffs breasts.
S.) Grabbing one or more of Plaintiffs buttocks.
T.) Attempting to kiss one or more of the Plaintiffs on the mouth.
U.) Attempting to hug one or more of the Plaintiffs.
V.) Licking one or more of the Plaintiffs ears.
W.) Poking one or more of the Plaintiffs in the side and/or buttocks.
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X.) Commenting about the look of one or more of the Plaintiffs buttocks.
Y.) Continuously engaging sexual innuendos with the Plaintiffs and other employees.
Z.) Continuously touching, hugging and kissing other young female employees of Tilted
Kilt Chicago.
AA.) Grabbing waitresss breasts.
BB.) Putting ice down employees skirts.
14.

The conduct, as alleged above, has been frequent, severe, on-going, and lasted for the

duration of the Plaintiffs employment. Tilted Kilt Chicago and Tilted Kilt Corporate are liable
for the actions as alleged above.
15.

The sexual harassment as alleged herein negatively affected the terms, conditions and

privileges of Plaintiffs working environment, and the working environment of the female
employees who work at the Tilted Kilt Chicago. The harassment, as alleged herein, would
detrimentally affect a reasonable person of the Plaintiffs same sex, and is objectively degrading
and humiliating. The sexual harassment was uninvited and unwelcome.
16.

Tilted Kilt Chicago knew of the sexual harassment, yet did nothing to stop it. Employees

complained to managers and at least one of the owners of Tilted Kilt Chicago. Despite these
complaints to Tilted Kilt Chicago, the sexual harassment continued. Moreover, when complaints
were made about harassment, the complaining female workers were retaliated against in their
work assignments.
17.

Tilted Kilt Corporate was also aware of the continued sexual harassment, but yet

did nothing to stop it. Tilted Kilt Chicago employees complained to Tilted Kilt Corporates
human resources and risk management departments about the on-going, pervasive and severe

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sexual harassment. Despite those complaints, Tilted Kilt Corporate took no action against Tilted
Kilt Chicago, its owners or Dennis Sotos.
18.

As a franchisor, Tilted Kilt Corporate exercised significant control over the

operations of Tilted Kilt Chicago.

On information and belief, Tilted Kilt Corporate maintains

the right to terminate Tilted Kilt Chicagos franchise for failure to comply with applicable
federal, state and local laws, including laws prohibiting harassment in the workplace. Tilted Kilt
Corporate also maintains a human resources department that oversees employee relations
between Tilted Kilt Chicago and Tilted Kilt employees. Tilted Kilt Corporate exercises, or
maintained the right to exercise, the requisite level of control in an agency relationship to be
vicariously liable for the acts of its franchisee, Tilted Kilt Chicago. Further, Tilted Kilt is, or at a
minimum held itself out as, Plaintiffs employer or joint employer.
19.

Further, after the charges were filed with the EEOC a Tilted Kilt Chicago

manager told Plaintiffs that they would never work in Chicago again because of the EEOC
charges; that Plaintiffs would be required to move from Chicago because they filed the EEOC
charges; that Mr. Tomaras (an owner of Titled Kilt Chicago), never loses; that Plaintiffs would
never win their lawsuit; and that Mr. Tomaras uses $400 per hour lawyers who never lose.
20.

The actions as alleged above constitute sexual harassment under Title VII. The

actions have caused and will continue to cause the Plaintiffs to sustain damages, some of whom
were forced to leave the Defendants employ due to the unendurable working conditions.

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Wherefore, the Plaintiffs, Jessica Johnson, Jacqueline Litman, Naomi Gates, Cress
Wrenn, Claudia Lyko, Kristy Hack, Carolyn Bartley, Melissa Ganser, Lindsay Midura, Mia
Blagsvedt, Heather Bartz, Katherine Franklin, Sandra Estevane, Caroline Fiermuga, Kayleigh
Zarndt, Dayleen Marrero, Rachel Osting, Joanna Parys and Tracy Velazquez, request that this
Court enter judgment against the Defendants and that Plaintiffs be awarded relief including back
pay, compensatory damages, punitive damages, attorneys fees, costs and such other relief as
may be deemed just.
COUNT II
(Retaliation)
21.

Plaintiffs reallege and reassert the allegations contained in paragraphs 1 through

20, as and for the allegations contained in paragraph 21, as if fully set forth herein.
22.

Employees who complained about sexual harassment, including the Plaintiffs,

were subjected to adverse working conditions, such as limited or poor shifts to work in the
restaurant, being assigned to certain tables in the restaurant that were less desirable financially,
and refusing promotions when other workers who did not complain were promoted. In addition,
disciplinary actions were taken against Plaintiffs who complained of harassment, when those
same measures were not taken against other employees who did not so complain.
23.

Further, after the charges were filed with the EEOC a Tilted Kilt Chicago

manager told Plaintiffs that they would never work in Chicago again because of the EEOC
charges; that Plaintiffs would be required to move from Chicago because they filed the EEOC
charges; that Mr. Tomaras (an owner of Titled Kilt Chicago), never loses; that Plaintiffs would
never win their lawsuit; and that Mr. Tomaras uses $400 per hour lawyers who never lose.
24.

Plaintiffs suffered damages as a result of the Defendants retaliatory conduct.


8

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Wherefore, the Plaintiffs, Jessica Johnson, Jacqueline Litman, Naomi Gates, Cress
Wrenn, Claudia Lyko, Kristy Hack, Carolyn Bartley, Melissa Ganser, Lindsay Midura, Mia
Blagsvedt, Heather Bartz, Katherine Franklin, Sandra Estevane, Caroline Fiermuga, Kayleigh
Zarndt, Dayleen Marrero, Rachel Osting, Joanna Parys and Tracy Velazquez, request that this
Court enter judgment against Defendants, and that Plaintiffs be awarded relief including back
pay, compensatory damages, punitive damages, attorneys fees, costs and such other relief as
may be deemed just.
COUNT III
(Intentional Infliction of Emotional Distress)
25.

Plaintiffs reallege and reassert the allegations contained in paragraphs 1 through

24, as and for the allegations contained in paragraph 25, as if fully set forth herein.
26.

Defendants actions were extreme and outrageous.

27.

Defendants actions were done to intentionally cause the Plaintiffs severe

emotional distress.
28.

Defendants knew or reasonably should have known that their actions had a high

probability of causing Plaintiffs severe emotional distress.


29.

Defendants actions demonstrated a willful and wanton disregard for the Plaintiffs

30.

Plaintiffs have suffered emotional distress as a result of the Defendants actions.

rights.

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Wherefore, the Plaintiffs, Jessica Johnson, Jacqueline Litman, Naomi Gates, Cress
Wrenn, Claudia Lyko, Kristy Hack, Carolyn Bartley, Melissa Ganser, Lindsay Midura, Mia
Blagsvedt, Heather Bartz, Katherine Franklin, Sandra Estevane, Caroline Fiermuga, Kayleigh
Zarndt, Dayleen Marrero, Rachel Osting, Joanna Parys and Tracy Velazquez, request that this
Court enter judgment against Defendants, and that Plaintiffs be awarded compensatory damages,
punitive damages, attorneys fees, costs and such other relief as may be deemed just.
Respectfully submitted,

/s/ Mark D. Roth


Attorney for Plaintiffs

Mark D. Roth
Orum & Roth LLC
53 West Jackson Blvd.
Suite 620
Chicago, IL 60604
Phone: 312.922.6262 Ext. 240
Email: markdroth@gmail.com

10

CIVIL COVER SHEET

JS 44 (Rev. 09/11)

The JS 44 civil cover sheet


and the 1:12-cv-00897
information contained herein
neither replace#:
nor1-1
supplement
the filing
and service Page
of pleadings
papers as required
Case:
Document
Filed:
02/08/12
1 or
ofother
1 PageID
#:11by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet.

I. (a) PLAINTIFFS

DEFENDANTS

Jessica Johnson, Jacqueline Litman, Naomi Gates, Cress Wrenn, Claudia Lyko,
Kristy Hack, Carolyn Bartley, Melissa Ganser, Lindsay Midura, Mia Blagsvedt,
Heather Bartz, Katherine Franklin, Joanna Parys, Sandra Estevane, Caroline Fiermuga,
Kayleigh Zarndt, Dayleen Marerro, Rachel Osting, and Tracy Velazquez
(b) County of Residence of First Listed Plaintiff U.S.A.

TK Chicao Loop, LLC, d/b/a


Tilted Kilt Pub & Eatery; and Tilted Kilt
Franchise Operating LLC
County of Residence of First Listed Defendant

U.S.A.

NOTE: In land condemnation cases, use the location of the tract of land involved.

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Orum & Roth, LLC, 53 W. Jackson Blvd, Suite 620, Chicago, IL 60604
P: 312.922.6262

II. BASIS OF JURISDICTION


1

U.S. Government
Plaintiff

U.S. Government
Defendant

CONTRACT

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

1 Original
Proceeding

(For Diversity Cases Only)


PTF
Citizen of This State
1

3 Federal Question
(U.S. Government Not a Party)

(Place an X in One Box Only)


TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

V. ORIGIN

(Place an X in One Box Only)

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Med. Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

Remanded from
Appellate Court

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
463 Habeas Corpus Alien Detainee
(Prisoner Petition)
465 Other Immigration
Actions

(Place an X in One Box Only)

2 Removed from
State Court

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

DEF
1

4 Reinstated or
Reopened

VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and
write a brief statement of cause.)

Transferred from
5 another district
(specify)

6 Multidistrict
Litigation

VII. PREVIOUS BANKRUPTCY MATTERS (For nature of suit 422 and


423, enter the case number and judge for any associated bankruptcy matter previously
adjudicated by a judge of this Court. Use a separate attachment if necessary.)

Title VII of the Civil Rights Act of 1964, as amended, 42


U.S.C. 2000 et seq.
VIII. REQUESTED IN
COMPLAINT:

IX. This case (check one box)

CHECK IF THIS IS A CLASS ACTION


UNDER F.R.C.P. 23

DEMAND $

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

is not a refiling of a previously dismissed action


is a refiling of case number ______________ previously dismissed by Judge ___________________

Date

2/8/2012

Signature of Attorney of Record

s/ Mark D. Roth

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GROUP EXHIBIT A
VOLUME 1

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GROUP EXHIBIT A
Volume 2

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GROUP EXHIBIT A
Volume 3

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