IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT-LAW DIVISION

3639 LLC, 3639 NORTH SHEFFIELD,
LLC, SHEFFIELD-WAVELAND
ROOFTOPS, INC., GWR
PROPERTIES, LLC, ANNEX CLUB,
LLC, WRIGLEY ROOFTOPS I, LLC,
WRIGLEY ROOFTOPS III, LLC,
WRIGLEY ROOFTOPS IV, LLC,
3701 NORTH KENMORE, LLC,
WRIGLEY I, LLC, WRIGLEY II, LLC,
WRIGLEY III, LLC, BEYOND THE
IVY, INC., BEYOND THE IVY II, INC.,
RIGHT FIELD PROPERTIES, LLC,
RIGHT FIELD ROOFTOPS, LLC d/b/a
SKYBOX ON SHEFFIELD,
ROOFTOP ACQUISITIONS, LLC d/b/a
LAKEVIEW BASEBALL CLUB, and
MURPHYS ROOFTOP COMPANY,

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Plaintiffs,
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Vs.
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MARC GANIS, individually and d/b/a
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SPORTSCORP, LTD.,
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Defendant.
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SUN-TIMES MEDIA, LLC, SUN-TIMES )
MEDIA PRODUCTIONS, LLC,
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FRAN SPIELMAN, CHICAGO
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CUBS BASEBALL CLUB, LLC,
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CHICAGO BASEBALL HOLDINGS,
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LLC, TRIBUNE CNLBC, LLC, f/k/a
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CHICAGO NATIONAL LEAGUE BALL )
CLUB, LLC, RICKETTS ACQUISITION )
LLC, TRIBUNE SPORTS NETWORK )
HOLDINGS, LLC, and CHICAGO
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CUBS DOMINICAN BASEBALL
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OPERATIONS, LLC,
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Respondents in Discovery.
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NO.

COMPLAINT AT LAW
NOW COME, 3639 LLC, 3639 NORTH SHEFFIELD, LLC, SHEFFIELDWAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX CLUB, LLC,
WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC, WRIGLEY
ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I, LLC, WRIGLEY
II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE IVY II, INC.,
RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC, d/b/a SKYBOX
ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW BASEBALL
CLUB, and MURPHYS ROOFTOP COMPANY, the (Plaintiffs), by and through their
attorneys, PICCIONE, KEELEY & ASSOCIATES, LTD., and for their Complaint against
Defendant, MARC GANIS, individually and d/b/a SPORTSCORP, LTD., state as
follows:
Common Allegations
Background
1. 3639 NORTH SHEFFIELD, LLC, is an Illinois limited liability company that owns
the real estate located at 3639 North Sheffield, Chicago, Illinois.
2. 3639 LLC is an Illinois limited liability company that is the license holder and
operator of the business located at 3639 North Sheffield, Chicago, Illinois.
3. SHEFFIELD-WAVELAND ROOFTOPS, INC. is an Illinois corporation that is the
license holder and operator for the businesses located at 1032 West Waveland
Avenue, Chicago, Illinois, 3643 North Sheffield Avenue, Chicago, Illinois and
3609 North Sheffield Avenue, Chicago, Illinois.

4. GWP PROPERTIES, LLC is an Illinois limited liability company that owns the real
estate located at 3637 North Sheffield, Chicago, Illinois.
5. ANNEX CLUB, LCC, is an Illinois limited liability company that is the license
holder and operator for the business located at 3637 North Sheffield, Chicago,
Illinois.
6. WRIGLEY ROOFTOPS I, LLC is an Illinois limited liability company that owns the
real estate located at 3617-19 North Sheffield, Chicago, Illinois.
7. WRIGLEY ROOFTOPS III, LLC is an Illinois limited liability company that is the
license holder and operator for the business located at 3617 North Sheffield,
Chicago, Illinois.
8. WRIGLEY ROOFTOPS IV, LLC is an Illinois limited liability company that is the
license holder and operator for the business located at 3619 North Sheffield,
Chicago, Illinois.
9. 3701 NORTH KENMORE, LLC is an Illinois limited liability company that owns
the real estate located at 3701 North Kenmore, Chicago, Illinois.
10. WRIGLEY I, LLC is an Illinois limited liability company that owns the real estate
located at 1010 Waveland, Chicago, Illinois.
11. WRIGLEY II, LLC is an Illinois limited liability company that owns the real estate
located at 1048 Waveland, Chicago, Illinois.
12. WRIGLEY III, LLC is an Illinois limited liability company that owns the real estate
located at 1038 Waveland, Chicago, Illinois.

13. BEYOND THE IVY, INC. is an Illinois corporation that is the license holder and
operator for the businesses located at 1010 Waveland and 1048 Waveland,
Chicago, Illinois.
14. BEYOND THE IVY II, INC. is an Illinois corporation that is the license holder and
operator for the business located at 1038 Waveland, Chicago, Illinois.
15. RIGHT FIELD PROPERTIES, LLC, is an Illinois limited liability company that
owns the real estate located at 3627 North Sheffield, Chicago, Illinois.
16. RIGHT FIELD ROOFTOPS, LLC d/b/a SKYBOX ON SHEFFIELD is an Illinois
limited liability company that is the license holder and operator for the business
located at 3627 North Sheffield, Chicago, Illinois.
17. ROOFTOP ACQUISITION, LLC d/b/a LAKEVIEW BASEBALL CLUB is an Illinois
limited liability company that is the license holder and operator for the business
located at 3633 North Sheffield, Chicago, Illinois.
18. MURPHYS ROOFTOP COMPANY is an Illinois corporation that is the license
holder and operator for the business located at 3649 North Sheffield, Chicago,
Illinois, and owns the real estate located at 3649 North Sheffield, Chicago,
Illinois.
19. Each of the entities identified in paragraphs 1 through 18 above, are owners of
real estate and/or rooftop businesses located immediately across the street from
Wrigley Field (collectively Rooftop Owners).
20. Defendant, MARC GANIS, (Ganis) is an individual who resides in Chicago,
Illinois and is a Chicago-based sports marketing and sports business consultant,
who also does business as Sportscorp, Ltd..

21. In settlement of a copyright claim by the Chicago Cubs against the Rooftop
Owners, the Chicago Cubs (Cubs) and the Rooftop Owners entered into a
twenty-year (20) royalty agreement in 2004 which allows the Rooftop Owners to
continue to operate their businesses and use certain Cubs trademarks in
exchange for the Rooftop Owners paying the Cubs a royalty fee of seventeen
percent (17%) of the Rooftop Owners total gross revenues (Royalty
Agreement).
22. Pursuant to the Royalty Agreement, the Cubs agreed not to erect windscreens or
other barriers to obstruct the views of the Rooftop Owners.
23. The Rooftop Owners pay annual royalty fees to the Cubs pursuant to the Royalty
Agreement. The total annual royalty fees paid by the Rooftop Owners to the
Cubs pursuant to the Royalty Agreement are approximately $2,500,000.00.
24. The Cubs and Rooftop Owners have recently been in dispute concerning the
addition of proposed signage that would block the views of the Rooftop Owners.

False Statements
25. Before the Defendants acts described below, the Rooftop Owners were
companies of good reputation and were deservedly held in high esteem by
persons of their acquaintance in business capacities and by the general public.
26. On or about January 21, 2013, the Chicago Sun-Times published an article
(Article) that quoted Ganis regarding the current dispute between the Rooftop
Owners and the Cubs. A true and accurate copy of the Article is attached hereto
and incorporated herein as Exhibit 1.

27. As published in the Article, Ganis made false statements to the Sun-Times and
the general public which were injurious to the Plaintiffs good reputation including
the following:
The only reason this deal is not happening is because Tom
Tunney is protecting the rooftop owners and a couple of bar
owners. That has to be one of the most ludicrous situations
in the history of sports facility development, and
Protecting carpetbaggers stealing the product paid for by
others for their own profit and, thereby, stopping a $300
million investment, 2,000 permanent jobs and 800
construction jobs along with tens of millions of new city
taxes. As a taxpayer in Chicago, one has to hope Mayor
Emanuel talks some sense into Ald. Tunney for the good of
the city.
28. The statements made by Ganis as set forth above were false when made in that
the Rooftop Owners are not stealing from the Cubs and not preventing
employment or taxes for the city since the Royalty Agreement provides the
Rooftop Owners views of Wrigley Field in consideration for the Royalties paid by
the Rooftop Owners to the Cubs pursuant to the Royalty Agreement.
29. The general public reasonably understood that Ganis statements were about the
Rooftop Owners and that the false statements by Ganis related to all of the
Rooftop Owners, since the entire Article discusses how the Rooftop Owners are
stand[ing] in the way of the Cubs renovation proposal for Wrigley Field, and
Ganis statement immediately before the false statements concerning stealing
mentions the Rooftop Owners in a negative light.

COUNT I: DEFAMATION PER SE

Against Defendant, Marc Ganis
NOW COME, 3639 LLC, 3639 NORTH SHEFFIELD, LLC, SHEFFIELD-WAVELAND
ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX CLUB, LLC, WRIGLEY
ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC, WRIGLEY ROOFTOPS IV, LLC,
and 3701 NORTH KENMORE, LLC, WRIGLEY I, LLC, WRIGLEY II, LLC, WRIGLEY III,
LLC, BEYOND THE IVY, INC., BEYOND THE IVY II, INC., RIGHT FIELD
PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC, d/b/a SKYBOX ON SHEFFIELD,
ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW BASEBALL CLUB, and
MURPHYS ROOFTOP COMPANY. the (Plaintiffs), by and through their attorneys,
PICCIONE, KEELEY & ASSOCIATES, LTD., and for Count I of their Complaint against
Defendant, MARC GANIS, individually and d/b/a SPORTSCORP, LTD., state as
follows:
30. The Plaintiffs restate and reallege the Common Allegations as and for this
paragraph of this Count I as if fully set forth herein.
31. Ganis false statements that Rooftop Owners are stealing the Cubs property and
causing the City to lose jobs and taxes constitute defamation per se because the
false statements (a) impute commission by Rooftop Owners of the criminal
offense of theft; and (b) prejudice the Rooftop Owners or impute the lack of ability
in the Rooftop Owners trade or business.
32. Ganis false statements impute stealing of the Cubs product, including its
intellectual property rights in the games and thereby preventing a

$300,000,000.00 renovation of Wrigley Field and causing the City of Chicago to

lose significant jobs and taxes.
33. Ganis statements were made, upon information and belief, in full knowledge that
they were untrue or in reckless disregard of the truth or falsity, and for the
purpose of injuring Plaintiffs good names and businesses, particularly given the
fact that the Royalty Agreement between the Cubs and the Rooftop Owners is
generally known by the public (and referenced in the Article itself, e.g., Sources
said those talks went nowhere after the rooftops demanded: a share of revenues
from any new signage placed atop their buildings; additional capacity beyond the
current, 200-seats-per-club limit and a new, 30-year agreement under the same
terms that call for them to share 17 percent of their revenues with the Cubs.)
and, upon information and belief, Ganis, a Chicago-based sports marketing
consultant, knew about the Royalty Agreement and the significant monies paid
by the Rooftop Owners to the Cubs for the product Ganis stated the Rooftop
Owners were stealing.
34. Ganis false statements were made, upon information and belief, in full
knowledge that they were untrue or in reckless disregard of the truth or falsity,
and for the purpose of injuring Plaintiffs good names and businesses by
influencing the publics perception of the Plaintiffs and the perception of City of
Chicago Officials who were considering various requests by the Cubs for
changes to the restrictions on signage in the Wrigley Field outfield.
35. Defendant, Ganis, maliciously and intentionally caused the publication of the
false statements in the Article to the Sun-Times for distribution in a publication of

general circulation for the purpose of harming Plaintiffs good reputation,

particularly since the statements were not made solely to the Cubs, the Rooftop
Owners or other club owners in the Wrigleyville area, but to the general public
through the Chicago Sun-Times.
36. As a result of the publication of the false statements by Ganis, Plaintiffs have
been injured in reputation and each of their businesses have been damaged by
Ganis. Such false statements prejudiced the Rooftop Owners ability to lobby or
negotiate with the Cubs and/or the City regarding the Cubs renovation plans, the
Cubs intellectual property rights, and signage for Wrigley Field, prejudiced the
Rooftop Owners relationship with their customers and prejudiced the Rooftop
Owners reputation and goodwill in the public in general.
WHEREFORE, Plaintiffs, 3639 LLC, 3639 NORTH SHEFFIELD, LLC,
SHEFFIELD-WAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX
CLUB, LLC, WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC, WRIGLEY
ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I, LLC, WRIGLEY
II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE IVY II, INC.,
RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC, d/b/a SKYBOX
ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW BASEBALL
CLUB, and MURPHYS ROOFTOP COMPANY, pray for judgment in a sum in excess
of $50,000.00 for compensatory damages, punitive damages and court costs against
Defendant, MARC GANIS, individually and d/b/a SPORTSCORP, LTD.

COUNT II: TORT FALSE LIGHT INVASION

OF PRIVACY AGAINST MARC GANIS
NOW COME, 3639 LLC, 3639 NORTH SHEFFIELD, LLC, SHEFFIELDWAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX CLUB, LLC,
WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC, WRIGLEY
ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I, LLC, WRIGLEY
II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE IVY II, INC.,
RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC, d/b/a SKYBOX
ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW BASEBALL
CLUB, and MURPHYS ROOFTOP COMPANY, the (Plaintiffs), by and through their
attorneys, PICCIONE, KEELEY & ASSOCIATES, LTD., and for Count II of their
Complaint against Defendant, MARC GANIS, individually and d/b/a SPORTSCORP,
LTD., state as follows
1. The Plaintiffs restate and reallege the Common Allegations as and for this
paragraph of this Count II as if fully set forth herein.
2. The Plaintiffs restate and reallege the allegations of Count I as and for this
paragraph of this Count II as if fully set forth herein.
3. The false statements by Ganis published to the general public were of and
concerning the Plaintiffs.
4. The Article and the false statements by Ganis contained in the Article placed the
Plaintiffs before the public in a false light.
5. Defendant, Ganis, maliciously and intentionally caused the publication of the
false statements in the Article in a publication of general circulation for the
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purpose of harming Plaintiffs good reputation, particularly since the statements

were not made solely to the Cubs, the Rooftop Owners or other club owners in
the Wrigleyville area, but to the general public.
6. As a result of the publication of the false statements by Ganis, Plaintiffs have
been injured in reputation and each of their businesses have been damaged by
Ganis. Such false statements prejudiced the Rooftop Owners ability to lobby or
negotiate with the Cubs and/or the City regarding the Cubs renovation plans, the
Cubs intellectual property rights, and signage for Wrigley Field, prejudiced the
Rooftop Owners relationship with their customers and prejudiced the Rooftop
Owners reputation and goodwill to the public in general.
WHEREFORE, Plaintiffs, 3639 LLC, 3639 NORTH SHEFFIELD, LLC,
SHEFFIELD-WAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX
CLUB, LLC, WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC,
WRIGLEY ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I,
LLC, WRIGLEY II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE
IVY II, INC., RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC,
d/b/a SKYBOX ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW
BASEBALL CLUB, and MURPHYS ROOFTOP COMPANY, pray for judgment in a
sum in excess of $50,000.00 for compensatory damages, punitive damages and
court costs against Defendant, MARC GANIS, individually and d/b/a
SPORTSCORP, LTD.

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COUNT III:

RESPONDENT IN DISCOVERY; 735 ILCS 5/2-402

NOW COME, 3639 LLC, 3639 NORTH SHEFFIELD, LLC, SHEFFIELDWAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX CLUB, LLC,
WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC, WRIGLEY
ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I, LLC, WRIGLEY
II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE IVY II, INC.,
RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC, d/b/a SKYBOX
ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW BASEBALL
CLUB, and MURPHYS ROOFTOP COMPANY, (Plaintiffs), through their attorneys
PICCIONE, KEELEY & ASSOCIATES, LTD., pursuant to 735 ILCS 5/2-402 of the
Illinois Code of Civil Procedure, name as Respondents in Discovery, SUN-TIMES
MEDIA, LLC, SUN-TIMES MEDIA PRODUCTIONS, LLC, FRAN SPIELMAN, CHICAGO
CUBS BASEBALL CLUB, LLC, CHICAGO BASEBALL HOLDINGS, LLC, TRIBUNE
CNLBC, LLC, f/k/a CHICAGO NATIONAL LEAGUE BALL CLUB, LLC, RICKETTS
ACQUISITION LLC, TRIBUNE SPORTS NETWORK HOLDINGS, LLC, and CHICAGO
CUBS DOMINICAN BASEBALL OPERATIONS, LLC, (collectively, Cubs Entities) and
in support thereof state:
1. The Plaintiffs restate and reallege the Common Allegations as this paragraph of
this Count III as if fully set forth herein.
2. The Plaintiffs restate and reallege the allegations of Count I as this paragraph of
this Count III as if fully set forth herein.
3. The Plaintiffs restate and reallege the allegations of Count II as this paragraph of
this Count III as if fully set forth herein.
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4. Sun-Times Media, LLC and Sun-Times Media Productions, LLC are Illinois
limited liability companies who conduct business in Chicago and elsewhere in the
State of Illinois.
5. Fran Spielman is, upon information and belief, a resident of Cook County, Illinois.
6. The Respondents in Discovery hereinafter referred to as Cubs Entities are
Delaware limited liability companies, with principal places of business in Chicago,
Illinois (except for Ricketts Acquisition, LLC whose principal place of business is
Jackson, Wyoming) and all of whom conduct business in Chicago, Illinois.
7. Sun-Times Media, LLC, Sun-Times Media Productions, LLC, Fran Spielman, the
reporter who wrote the Article, and the Cubs Entities are believed by Plaintiffs to
have information relevant to determining proper additional party defendants in
this cause based upon, including, without limitation, the following:
A. Sun-Times Media, LLC, Sun-Times Media Productions, LLC (collectively
Sun-Times) published the Article to the general public, and neither the SunTimes nor Fran Spielman, upon information and belief, attempted to
determine the truth or falsity of the defamatory statements. Instead in
reckless disregard of the truth or falsity, these respondents in discovery
caused the statements to be published in the Article;
B. The Sun-Times and Fran Spielman further had a duty to Plaintiffs not to
publish false statements concerning the Plaintiffs;
C. Upon information and belief, at the time Ganis made the false statements
alleged herein, Ganis was acting in the scope of his association or

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employment with the Cubs in promoting the Cubs position with the City of
Chicago and the public; and
D. The Cubs Entities are jointly and severally liable for Ganis false statements in
the event Ganis was acting within the scope of any employment or
association in furtherance of the Cubs business.

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WHEREFORE, Plaintiffs, 3639 LLC, 3639 NORTH SHEFFIELD, LLC,

SHEFFIELD-WAVELAND ROOFTOPS, INC., GWR PROPERTIES, LLC, ANNEX
CLUB, LLC, WRIGLEY ROOFTOPS I, LLC, WRIGLEY ROOFTOPS III, LLC,
WRIGLEY ROOFTOPS IV, LLC, and 3701 NORTH KENMORE, LLC, WRIGLEY I,
LLC, WRIGLEY II, LLC, WRIGLEY III, LLC, BEYOND THE IVY, INC., BEYOND THE
IVY II, INC., RIGHT FIELD PROPERTIES, LLC, RIGHT FIELD ROOFTOPS, LLC,
d/b/a SKYBOX ON SHEFFIELD, ROOFTOP ACQUISITIONS, LLC d/b/a LAKEVIEW
BASEBALL CLUB, and MURPHYS ROOFTOP COMPANY, pray that the foregoing
named persons be impleaded as Respondents in Discovery pursuant to Section 2402, that summons issue with respect to said persons instanter, that the
Respondents in Discovery be required to respond to reasonable discovery and for
such other relief as this Court deems proper.
Respectfully submitted,
PICCIONE, KEELEY & ASSOCIATES, LTD.

By: __________________________________
Patrick C. Keeley
One of Plaintiffs Attorneys
PICCIONE, KEELEY & ASSOCIATES, LTD.
122 South County Farm Road
Wheaton, Illinois 60187
630-653-8000
Attorney I.D. 71189
/var/www/apps/conversion/tmp/scratch_4/205734241.doclae

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