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12-Person Jury

FILED
8/7/2018 7:29 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
COUNTY DEPARTMENT, LAW DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534
Scott Colton )
)
Plaintiff, )
)
V. )
)
Phillip Jack Brooks )
)
Defendant, )

PLAINTIFF'S VERIFIED COMPLAINT
JURY DEMANDED

NOW COMES the Plaintiff, Scott Colton ("Colton"), by and through his attorneys,

ASHMA."l\J
. & STEIN, and for his complaint against Defendant, Phillip Jack Brooks ("Brooks"),

states as fol1ows:

NATURE OF THE ACTION

1. Colton brings this action against Brooks for recovery of damages causally

related, and attributable, to Brooks' s breach of agreement and fraud.

THE PARTIES

2. Colton is a resident of the city of Chicago, State of Illinois.

3. Brooks is a resident of the city of Chicago, State of Illinois.

JURISDICTION AND VENUE

4. This Court has jurisdiction hereof because the action arises under state law. Venue

is proper in the Circuit Court of Cook County because all of the events and omissions giving rise

to Colton's claims occurred in Cook County lllinois.
ALLEGATIONS COMMON TO ALL COUNTS

5. Colton is a professional wrestler and also publishes a weekly podcast series about
FILED DATE: 8/7/2018 7:29 PM 2018L008534

professional wrestling entitled "The Art of Wrestling" which addresses issues related to

professional wrestling and includes interviews with professional wrestlers.

6. At Brooks' request, Brooks was interviewed by Colton during episode No.

226 of the Alt of Wrestling (the "Podcast").

7. During the Podcast, Brooks (i) shared his perspectives about his experiences as a

wrestler with World Wrestling Entertainment ("WWE") and his separation from \VWE, (ii)

expressed his views that WWE "'-Testlers are disadvantaged by their lack of a union, (iii) discussed

the "toxic environment" created by WWE's Chainnan and CEO, (iv) shared his personal feelings

ofhaving been creatively stifled during his WWE career, (v) alluded to his concerns about creative

and payment decisions, and (vi) discussed the role that injuries and other health issues played in his

departure from the WWE.

8. As the host of the Podcast, Colton functioned as questioner and interlocutor of

Brooks, at times paraphrasing or repeating statements made by Brooks.

9. On or about December 14, 2014, Colton received an e-mail from counsel to

Christopher Amman ('•Amman"), a Senior Ringside Physician for WWE, to which there was

attached a letter dated December 11, 2014 (the "Demand Letter").

10. Among other things, the Demand Letter asserted that Colton had caused the

dissemination of certain false statements to the general public regarding Amman and demanded

that Colton immediately remove the Podcast from further distribution and "within fourteen (14)

2
days of the date of this letter you execute a retraction of the false and defamatory statements, in a

manner and form to be agreed upon." A copy of the Demand Letter is attached hereto as Exhibit A.
FILED DATE: 8/7/2018 7:29 PM 2018L008534

11. Upon receiving the Demand Letter, Colton notified Brooks of same by text

message and Brooks represented to Colton that Brooks would have Brooks' attorney, Sunny

Brenner ("Brenner"), a partner of the firm Loeb & Loeb (the "Loeb Firm''), "handle it". Copies

of the text messages among Colton and Brooks are attached hereto as Group Exhibit B.

12. On December 16, 2014, Colton received the Demand Letter by regular mail

and again informed Brooks of same by text message, whereupon Brooks responded to Colton by text

messages that he would be talking to Brenner to "game plan" and that Brooks would " make sw·e

you're 100% covered". Copies of said text messages among Colton and Brooks are attached hereto

as Group Exhibit C.

13. In reliance upon Brooks's agreement to make sure Colton would be "100%

covered", Colton did not comply with the demands contained in the Demand Letter.

14. On February 19, 2015, Amman filed a lawsuit in the Circuit Court of Cook County,

Case No. 15 L 1752, alleging defamation and false light invasion of privacy and seeking damages

in excess of $1,000,000 from both Colton and Brooks (hereinafter, the "Amman Lawsuit").

15. On March 3, 2015, Brooks and Colton retained and employed Brenner and the Loeb

Firm to defend them in the Amman Lawsuit.

16. Consistent with Brooks representation and agreement to make sure that Colton would

be "l 00% covered" with respect to defending against Amman's claims, the signed retention

agreement among Brooks, Colton and the Loeb Firm provides, inter alia, that the Loeb Finn "will

bill (Brooks) for all of the legal services and expenses that we incur with respect to the Amann

3
Lawsuit" [Par. 2] and that "It is our understanding that Phil will be responsible for paying these

invoices." [Par. 5]. A copy of said retention agreement is attached hereto as Exhibit D.
FILED DATE: 8/7/2018 7:29 PM 2018L008534

17. Brenner and the Loeb Finn thereupon represented Colton in the Amman Lawsuit,

including preparing and filing one or more motions to dismiss, as well as Colton's Answer, therein.

18. However, in late April of 2016, and despite Brooks' representation and agreement

to make sure that Colton would be "100% covered" with respect to the claims in the Amman

Lawsuit, Brooks suddenly demanded that Colton pay one or more of the Loeb Firm's statements for

legal services in the Amman Lawsuit, emailing to Colton as follows:

To date I have spent $513,736 dollars on this Amman lawsuit. My outstanding
current bill is at least 300k. Half of all this is yours. Divide the 513,736 by 2 and
that is what you owe me and what I expect you to pay me. Starting now I will no
longer be paying your bills. You are on your own. Whatever my bill is cunently,
will be cut in half, and half will be yours. If you choose to make this all ugly,
that's fine too. I hope you won't, but I gave up on you doing what is right a long
time ago.

A copy of said email is attached hereto as Exhibit E.

19. On May 5, 2016, Colton caused the Loeb Firm to be notified that Colton was

prepared to retain separate counsel to defend him in the Amann Lawsuit as a result of Brooks'

aforesaid demand; and, on May 6, 2016, Colton's undersigned attorney emailed a proposed

"substitution of attorneys" form to the Loeb Firm, a copy of which (including the transmittal

email) is attached hereto as Group Exhibit F.

20. However, Brenner then informed Colton that both he and Brooks believed and

agreed that it was best that Colton not substitute counsel at that time and, on June 1, 2016,

Brenner emailed Colton that:

4
... Despite your unwillingness to contribute to your legal fees, I am still prepared
to represent you, and Phil is prepared to have me represent you and cover your
legal fees going forward, as long as there is no conflict between you and Phil that
FILED DATE: 8/7/2018 7:29 PM 2018L008534

prevents me from fairly and ethically representing you. At this time, I don't
believe that any such conflict exists...

A copy of said email is included in the attached Exhibit G.

21 . Colton again accepted the representation and agreement made on behalf of Brooks

and the Loeb Finn continued to represent both Brooks and Colton in the Amman Lawsuit.

22. At no time after June 1, 2016, did there exist any conflict between Colton and

Brooks that prevented, or would have prevented, Brenner from fairly and ethically representing

Colton in the Amman Lawsuit.

23. However, Colton is informed and believes, and based thereon alleges, that on or

about March 10, 2017, Brooks caused the Loeb Firm to withdraw as Colton's counsel in the

Amman Lawsuit and Brenner notified Colton of his and the Loeb Firm's motion to withdraw as

Colton's attorneys therein. [Exhibit H]

24. Colton then retained Carey Stein and the law firm of Ashman & Stein to continue

to furnish Colton with legal representation in the Amman Lawsuit and, after additional expensive

discovery and motion practice, the Amman Lawsuit was t1ied before a jury of twelve (12)

beginning on May 21, 201 8.

25. On June 5, 2018, the jury returned a verdict in favor of Colton in the Amman

Lawsuit, after which Colton' s counsel notified Brooks' counsel of Colton' s demand for

reimbursement of approximately $200,000.00 in fees and net costs incurred by Colton to defend

in the Amman Lawsuit.

26. The Loeb Finn has since informed Colton's counsel that Brooks refuses to

5
comply with Colton's claim for reimbursement.

COUNTI
FILED DATE: 8/7/2018 7:29 PM 2018L008534

BREACH OF CONTRACT

27. Colton realleges Paragraphs 1 through 26 as and for Paragraph 27 of this

Count I, as if fully set forth herein.

28. But for Brooks's representation and agreement that Colton would be

"100% covered" in connection with the demands made upon Colton in the Dema."ld Letter, as

well as Brooks' subsequent affirmation and agreement to cover Colton's legal fees and

expenses in the Amman Lawsuit, Colton would have complied with each of Amman's

demands.

29. However, in consideration of Brooks's aforesaid representations and

agreements, Colton did not comply with Amman's demands.

30. Colton is informed and believes, and based thereon alleges, that had Colton

complied with the demands contained in the Demand Letter, Colton would not have been

included as a defendant in the Amman Lawsuit and, accordingly, would not have

suffered any costs, expenses or losses in connection with his defense therein.

31. Colton is further informed and believes, and based thereon alleges, that as a

result of Colton's reliance upon the aforesaid representations and agreements of Brooks,

Colton was included, and continued to be included, as a defendant in the Amman

Lawsuit and, after March 10, 2017, incurred in excess of $200,000 in legal fees and

expenses to successfully

6
defend against Amman's claims therein.

32. Brooks breached his agreements by failing to cover any of Colton's costs,
FILED DATE: 8/7/2018 7:29 PM 2018L008534

expenses and attorney fees incurred in connection with defending against the claims

made against Colton in the Amman Lawsuit after March 10, 2017.

33. Colton has demanded that Brooks reimburse Colton the full cost of

Colton' s successful defense in the Amman Lawsuit since March 10, 201 7, however,

Brooks has failed or refused to do so.

34. Colton has been damaged in a sum which is not less than $200,000.00.

\VHEREFORE, the Colton requests judgment against the Brooks for general

damages in an amount in excess of $200,000.00, as shall be shown by the proofs herein;

interest on such damages as allowed by law; costs of suit incurred herein, including

reasonable attorneys fees; and such other and further relief as the Court deems just and

proper.

COUNT II
FRAUD

35. Colton realleges Paragraphs 1 through 34 as and for Paragraph 35 of this

Count II, as if fully set forth herein.

36. Colton is informed and believes, and based thereon alleges, that Brooks

correctly believed that absent his representation and agreement that Colton would be

" l 00% covered " in connection with the demands made upon Colton in the Demand Letter,

Colton would have complied with each of said demands.

7
37. Colton is further informed and believes, and based thereon alleges, that on

and after May 6, 2016, Brooks correctly believed that in the event that Colton retained
FILED DATE: 8/7/2018 7:29 PM 2018L008534

separate counsel in the Amman Lawsuit, Colton would attempt to make a separate

agreement to settle the Amman Lawsuit and thereafter cooperate with Amman's counsel

in connection with the prosecution of the Amman Lawsuit against Brooks.

38. Colton is further informed and believes, and based thereon alleges, that

based upon Brooks' foregoing beliefs, Brooks caused Brenner to represent to Colton, on June 1,

2016, that Brooks would cover, and continue to cover, Cotton's legal fees and expenses incurred

in defense of the claims contained in the Demand Letter and in the Amman Lawsuit.

39. Colton is further informed and believes, and based thereon alleges, that

Brooks' purpose in causing the aforesaid June 1, 2016 representation to be made to

Colton was to induce Colton to not retain substitute counsel who might make a separate

agreement to settle the Amman Lawsuit and thereafter cooperate with Amman's counsel

in connection with the continued prosecution of the Amman Lawsuit against Brooks.

40. Colton is further infom1ed and believes, and based thereon alleges, that at

all material times herein alleged, Brooks knew that his aforesaid representations and

agreements were false and that Brooks intentionally and deliberately failed or refused to

inform Colton that he had no intention of performing them.

41. Colton is further informed and believes, and based thereon alleges, that

8
at all material times herein alleged, Brooks intended that the Colton would rely upon his

aforesaid false representations and agreements.
FILED DATE: 8/7/2018 7:29 PM 2018L008534

42. At the time of Brooks' aforesaid false representations and agreements,

Colton was ignorant of the falsity thereof.

43. Had Colton known that Brooks' aforesaid representations and agreements

were false, Colton would have complied with the demands contained in the Demand Letter.

44. In reasonable reliance on Brooks' aforesaid false representations and

agreements, and Brooks' intentional and deliberate failure to infonn and disclose the

truth to Colton, Colton suffered damages aggregating in excess of$200,000.00.

45. Colton is further informed and believes, and based thereon alleges, that

in doing the things herein alleged, Brooks acted with fraud, malice and oppression

toward Colton, and with the deliberate intention of causing Colton harm, thereby

entitling Colton to seek and recover punitive and exemplary damages.

WHEREFORE, Colton requests judgment against Brooks for general damages in

an amount in excess of $200,000.00; punitive and exemplary damages in the amount of

$1,000,000.00: interest on such damages as allowed by law; costs of suit incurred

herein, including reasonable attorneys fees; and such other and further relief as the Court

deems just and proper.

Cotton's attorney

9
FILED DATE: 8/7/2018 7:29 PM 2018L008534

Carey M. Stein
ASHMAN & STEIN
8707 Skokie Blvd.
Suite 100
Skokie, IL 60077
(3 12) 782-3484
37710

1.\CAREYOFFJCE-PC\Ashmanstcin\ACTIVE\colton v brooks\Complaint.wpd

10
VERIFICATION BY CERTIFICATION

I, Scott Colton, do hereby certify and swear under penalties as provided by law pursuant to
FILED DATE: 8/7/2018 7:29 PM 2018L008534

Section 1-109 of the lllinois Code of Civil Procedure that I have reviewed the foregoing Complaint,

and believe that the statements set forth therein are true and correct to the best of my knowledge,

information and belief.
Z.-1 2018
Dated: July_~,

\'.CAREYOFFICE,PC\Ashnuostc.u,\ACTIVEcoltoo v h1ookslComplainl.wpd

11
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

EXHIBIT A
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FILED DATE: 8/7/2018 7:29 PM 2018L008534

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December 11, 2014

Via U.S. Mail and e-mail (coltwrestling@gmail.com)
Scott Colton
P.O. Box 220594
Chicago, IL 60622

Re: Statements of and concerning Dr. Christopher Amann; Art of Wrestling podcasl
No. 226

Dear Mr. Colton:

Please be advised that this firm has been retained to represent Dr. Christopher Amann
with respect to certain false statements you caused to be disseminated to the general public on or
about November 27, 2014 in an Art of Wrestling podcast (No. 226) teaturing Phillip Brooks,
alkia CM Punk ("Brooks").

The false Statements include the following:

• That Dr. Amann prematurely "cleared" Brooks to wrestle shortly after elbow and
eye surgery and without post-operative follow-up from the operating surgeon.
amounting to "witch d.octory bullshit."

• That Brooks complained to Dr. Amann about a lump on his back and Di:. Amann
responded that it was a "fatty deposit" which did not require medical attention.

• That in a follow-up a "couple months later," Brooks advised Dr. Amamdhat the
lump had gotten bigger. Dr. Amann told Brooks that as long as it did not hurt,
"let's just leave it."

• That the reason Dr. Amann did not remove the growth is because "He's lazy_,,

• That Dr. Amann only prescribed a z-pak antibiotic for Brooks' "broken n'"bs" and
a "concussion."

433'2~~

COLTON0001019
Mr. Scott Colton
--------. December I 1. 2014
Page 2
FILED DATE: 8/7/2018 7:29 PM 2018L008534

• Tha t as a resitlt of Dr. Amann's failure to remove the lump, it turned "purple," it
grew to "the size of a fucking baseball" and Brooks told Dr. Amann "it hurts like
a motherfucker."

• That Dr. Amann told Brooks that he would cut it out but "you gotta wrestle in the
[Royal] Rumble."

• That Brooks requested Dr. Amann to cut out the lump but Dr. Amann refused.

• That at the January 26, 2014 Royal Rumble, Brooks told Dr. Amann that he had. a
concussion and Dr. Amann's response ''was like 'what do you want me to do?"'
Brooks added, "Doctor, you are one of the most worthless pieces of shit I have
ever met in my entire life."

• Brooks claimed that Dr. Amann, upon hearing Brooks say that he had a
concussion, merely asked if Brooks wanted him to tell somebody.

• Brooks stated that he again requested Dr. Amann to remove the growth and he
would not do it because of the concussion.

• That the "purple and green" growth ou Brooks' back Dr. Amann wouldn't remove
was a "full blown staph infection."

• That a medical doctor in Tampa Florida told Brooks that he "could have died" and
"'should be dead" from the undiagnosed staph infection.

• That Brooks developed a Methicillan Resistant Staphlococcus Aureus ("MRSA"),
or "staph" infection because Dr. Amann refused to correctly diagnose and treat
him.

In the course of the podcast, you participated in Brooks' false statements and added that
VT. Amann didn't remove the "growth" on Brooks back because "he's just lazy." You also
commented that the "growth" on Brooks' back had "teeth," thus affirming Brooks' false
statements.

In addition to their falsity, the statements constitute defamation per se, as they f alsely
accuse Dr. Amann of engaging in unethical and unprofessional conduct and depict him, in a false
light, as an incompetent physician. See, Tuite v. Corbitt, 224 Ill. 2d 490, 866 N.E.2d 114 {Ill.
2006) (false state ments which impute one's unfitness ·or want of integrity in performing the
duties of one's profession or employment or which adversely reflect on one's abilities in his
business, trade or profession are defamatory per se). See, Van Horne v. Muller, et al., 185 UL 2d
299, 705 N.E.2d 898 (Ill. 1998) (all persons participating in or contributing to the publication of
defamatory statements may be held liable for defamation).

433329- 1

COLTON0001020
Mr. Scott Colton
December 11, 2014
Page 3
FILED DATE: 8/7/2018 7:29 PM 2018L008534

Please be advised that Dr. Amann will take all steps necessary and appropriate to protect
and rehabilitate his good name. In this regard, we demand that you immediately cease and desist
from disseminating any further false statements of and concerning Dr. Amann. We also demand
that you immediately remove podcast 226 from further distribution, including but not limited to
distribution of the podcast through all websites and iTunes, and within fourteen (14) days of the
date of this letter you execute a retraction of the false and defamatory statements, in a manner
and form to be agreed upon. Should it become necessary to initiate litigation to remedy the false
and defamatory statements referring to Dr. Amann and to restore Dr. Amann's good name and
professional reputation, we will seek all appropriate relief, including compensatory and punitive
damages against all persons participating in the publication (distribution) of the defamatory
statements.

In addition, we demand that a litigation hold be placed upon on all documents (whether in
hard copy or in electronic fonn) in your possession or control which relate to Dr. Amann,
including, but not limited to:

• all documents which refer to Dr. Amann;
• all text messages and e-mails between you and :Brooks;
• all communications to or from third parties relating or referring to Dr. Amann;
• all notes, e-mails, text messages, scripts, outlines or other documents relating to
Brooks> comments on or participation in Art of Wrestling podcast no. 226; and
--~ • all emails and text messages between you and Brooks.

We request that all such materials be preserved and not altered, transferred or discarded.

Tha11k you for your anticipated attention to this matter.

Very truly yours,

~ ,J7z:}~
PJVemm

433329-1

GOLTON0001021
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

GROlJP EXHIBIT B
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FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

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FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

EXHIBITD
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SUNNY BRENNER
Partner
10100 Santa Monica Blvd. Direct 310.2822284
Sutte2200 Main 310282.2000
Los Angeles, CA 90067 Fax 310.919.3891
sbrennel@loeb.com

Via Emal/
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As of March 3. 2015
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!.7c Mr. Scott Colton
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PO Box 220594
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w hicago, IL 60622
-' Chicago, IL 60622
ii:
Re: Amann Lawsuit

Dear Phil and Scott:

Thank you for choosing our finn to represent each of you ("you") in the lawsuit brought against
you by Christopher Amann (the "Amann Lawsuir). This letter describes the terms and
conditions of our joint representation of both of you in the Amann Lawsuit, which remains
subject to my firm's standard internal management approval process. I will let you know
promptly, in writing, if, for any reason, we do not receive such approval. If you have any
questions about the information provided in this letter, please let me know and I'll be happy to
answer them.

1. Scope of Services.

Our responsibilities on your behalf will be to represent each of you in the Amann Lawsuit. This
engagement letter does not encompass any other legal services (e.g., entertainment work) that
we may perfonn on behalf of either of you.

We view it as an important part of our relationship to explore with you different or alternative
ways of obtaining a satisfactory result for you. When there are disputes such as the Amann
lawsuit, these alternatives may include exploring settlement opportunities, and sometimes
involve consideration of alternative dispute resolution ("ADRj procedures. These procedures,
which can be less expensive at times than full scale litigation, may include, without limitation,
arbitration and mediation. We will discuss these procedures further with you if any of the ADR
techniques appear to be appropriate. Of course, if you have any questions as to the advisability
of using any ADR procedures. we will discuss them with you at your request.
2. Our Firm's Faes.

We will bill Phil for all of the legal services and expenses that we incur with respect to the
Amann Lawsuit, and we will expect payment of our invoices upon receipt.

Our fees are and will be based on the number of hours spent on your matter, at the hourly billing
rates of the attorneys and paraprofessionals who work on your matter. My current billing rate is

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Mr. Phil Brooks
Mr. Scott Colton
As of Mardi 3, 2015
Page2
FILED DATE: 8/7/2018 7:29 PM 2018L008534

$725 per hour and I will be principally responsible for overseeing the work that we perform on
your behalf with respect to the Amann Lawsuit. I also expect other attorneys to work on the
Amann Lawsuit, including Tom Jirgal in our Chicago office, whose current hourly rate is $650.
Other attorneys and/or paralegals may also assist on the matter, and their hourty rates will likely
differ from mine as well. Please note that our firm's billing rates are adjusted periodically,
usually at the beginning of the calendar year, and any such adjustment is applicable to any legal
services that we perform or may perform on your behalf on an hourly basis after the new rates
become effective. You will be able to ascertain any such adjustments from our invoices, which
reflect the hourly billing rate of each timekeeper during the period covered by the invoice.

As noted above, I may assign parts of your work to other lawyers, paralegals, or other personnel
in the office, and may use the services of other finn lawyers when specialized help is needed. I
will be responsible to you for the Amann Lawsuit, however, and will be available to discuss with
you the use of other personnel. It is our practice to assign tasks among lawyers, legal
assistants and other members of our staff in such a way as to produce quality work at a
reasonable cost to you given the nature of the specific project.

It is the policy of our firm that, to the extent consistent with our professional responsibilities, we
will perform no further legal services for you if you become more than sixty days delinquent in
the payment of our bills, unless that delinquency is cured.

If it turns out that either or both of you has or have insurance that will or may cover any of the
fees or expenses that are incurred in the Amann Lawsuit, we will be happy as a courtesy to
send copies of our invoices to the insurance carrier(s) for whatever portion of the fees and costs
that they are prepared to cover. Even if there may be insurance coverage for some or all of our
legal fees and costs, however, Phil will still be responsible for payment of our fees and
expenses, and our firm reserves the right to look to Phil for payment in full of our fees and costs.
If an insurance company is prepared to pay some but not all of the fees and expenses that we
incur on your behalf, Phil will be responsible for the unpaid portion. If no insurance company is
prepared to pay any of our fees or expenses, Phil will be fully responsible for payment of all of
our fees and expenses. Naturally, if we receive any payments from an insurance company, any
amounts that we receive wil~ be credited to you.

3. Retainer.

Loeb & Loeb ordinarily requires clients of the firm to pay us an initial retainer whenever we are
requested to appear as counsel of record in a litigation. In this instance, we have obtained a
waiver of that policy as a courtesy to Phil. However, we reserve the right to request one or
more retainers in connection with the Amann Lawsuit or any other matters that we may handle
for you on an hourly basis. If we do decide to request a retainer, we will refund any unused
portion of the retainer to you at the conclusion of our representation.

4. Expenses Incurred and Other Charges.

In addition to our fees, we will expect you to reimburse us for all expenses incurred on your
behalf, including long distance telephone calls, travel costs, air freight, commercial messengers,
computer research terminal time and printing costs, ~cretalial and word processing overtime
when dictated by your needs and the like; we will expect you to pay us for all photocopying

LA2413045.1
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Mr. Phil Brooks
Mr. Scott Colton
As of March 3, 2015
Page3
FILED DATE: 8/7/2018 7:29 PM 2018L008534

(currently 15¢ per page) and telecopying (currently 50¢ per page) done by us with respect to
your matter(s); and if we are asked to incur any such expenses on your behalf in excess of
$2,000 in any one instance, we will ordinarily ask you to prepay those expenses. In addition, we
will ordinarily expect you to pay directly the fees and expenses of any third parties, such as
consultants, appraisers, expert witnesses and court reporters, who are engaged with respect to
your matter(s), where such fees and expenses exceed $2,000 in any one instance. In the event
that, before or after our representation concludes, we are served with a subpoena or request for
production of documents or testimony by any person or entity. you agree to pay for all of our
reasonable fees and costs incurred in responding to such demand.

5. Billing Practices.

We will send you both monthly invoices with respect to the Amann Lawsuit that detail all of the
fees, costs and expenses incurred during the previous month. It is our understanding that Phil
will be responsible for paying these invoices. These bills will give you sufficient detail to enable
you to determine who performed the services on your behalf, the amount of time expended in
performing those services and the nature of the expenses incurred. It is our normal practice to
combine all tasks for any given date into one billing entry.

6. Potential lnsurance'for the Amann Lawsuit.

We recommend that you review your insurance policies to determine whether any of the losses
or expenses (including our legal fees) that you have incurred or may in the future incur with
respect to the Amann Lawsuit may be reimbursable by your insurance. You may wish to
consult with your own special insurance coverage counsel as to potential insurance coverage.
In the event you are not able to consult with such special insurance coverage counsel, we will
review your insurance policies if you request that we do so.

7. Termination of Representation.

The attorney-client relationship is one of mutual trust and confidence, and you are, of course,
free to tenninate our relationship at any time. If you do so, we will be pleased to reimburse you
immediately for any unexpended portion of your retainer. We will also be free to terminate the
relationship at any time, and should that unlikely event occur, we will do so in a manner which
complies with applicable law, court rules and the Rules of Professional Conduct of the State Bar
of California. These rules permit us to withdraw if, among other reasons, your conduct renders
it unreasonably difficult for us to carry out the representation effectively, you fail to pay the fees
or costs of third parties engaged with respect to a matter or you fail to pay our fees and costs in
accordance with this Agreement.

8. No Calendaring. Tracking or Collections.

You acknowledge that agreements entered into by you may require the giving of notice, the
exercisi~g of rights (e.g., options}, the making of payments by a specified time, or the making of
other decisions within certain time periods (e.g., exercising any audit rights, granting an
approval or consent, filing UCC Continuation Statements, filing legal actions or replying to legal
claims), and that you understand and agree that we will not be responsible for determining or
monitoring these time periods, or any dates or calendar items, or tracking compliance on your

LA2413045.1
666666-66666
..- -_

Mr. Phil Brooks
M r. Scott Colton
As of March 3, 2015
Page4
FILED DATE: 8/7/2018 7:29 PM 2018L008534

behalf. Further, you understand and agree that we are not responsible for collecting monies
due to you under any agreements entered into by you. We may assist you in billing for monies
owed or in following up on billing requests or other deadlines, but such assistance would be
offered only as a courtesy and imposes no obligation on us. We will track deadlines in any
litigation in which we are your counsel of record.

9. File Retention Policy.

We will retain your files for six years following the conclusion of your matters. If you do not
request the return of your files in writing before the end of that six-year period, upon the
expiration of the period we will have no further obligation to retain the files and may in our
discretion destroy the files without further notice to you. If you wish us to retain your files
beyond six years, we may charge you for the cost of continued storage, and if, following the
conclusion of our representation, you request a copy of your files (either hard copy or electronic)
we may charge you for all reasonable search costs and copying costs incurred in responding to
your request We reserve the right to make, at our expense. and retain copies of all documents
generated or received by us in the course of our representation.

10. Document Preservation.

You understand and agree that, to the extent that the_Amann Lawsuit and any other matters
with respect to which represent you involve litigation or the reasonable likelihood of future
litigation, you may be legally required to preserve all relevant documents, in electronic or hard
copy form, and to suspend any routine document retention/destruction policies which may be in
place.

11. Use of Name in Marketing Materials.

You understand and agree that we may make public reference to any matters in which our
representation is a matter of public record, or to which you agree. consistent with our ethical
responsibilities. Such references may include, without limitation, on our firm website, attorneys'
biographical experiences, brochures, matter lists and other promotional materials.

12. Arbitration and Costs.

We look forward to continuing a long and mutually productive relationship with you. However, if
you become ·dissatisfied for any reason with the fees charged or the services we have
performed. we encourage you to bring that to our attention immediately. It is our belief that
most such problems can be resolved by good faith discussions between the parties.
Nevertheless, it is always possible that some dispute_may arise which cannot be resolved by
discussions between us. We believe that such ·disputes can be resolved more expeditiously
and with less expense to all concerned by binding arbitration than by court proceedings.

Arbitration is a process by which both parties to a dispute agree to submit the matter to an
arbitrator and to abide by the arbitrator's decision. In arbitration, there is no right to a trial by
jury, and the arbitrator's legal and factual determinations are generally not subject to appellate
review. Rules of evidence and procedure are often less fonnal and rigid than in a court trial.
Arbitration usually results in.a decision much more quickly than proceedings in court, and the

LA2413045.1
666666-66666
Mr. Phil Brooks
Mr. Scott Colton
As of March 3, 2015
Pages
FILED DATE: 8/7/2018 7:29 PM 2018L008534

attorneys' fees and other costs incurred by both sides are usually substantially less. Of course,
you are encouraged to discuss the advisability of arbitration with other counsel or any of your
other advisors and to ask any questions which you may have.

By signing this letter below you agree that if any dispute (other than disputes concerning the
fees owed to us) between you and the firm arises out of this Agreement, our relationship with
you or our performance of any current or future legal services, whether those services are the
subject of this particular engagement letter or otherwise, that dispute will be resolved solely by
binding arbitration in Los Angeles, California, before one arbitrator (to be designated through
JAMS) and pursuant to the Comprehensive Arbitration Rules and Procedures {as then in effect)
of JAMS. The disputes subject to binding arbitration will include, without limitation, disputes
regarding or alleging negligence, malpractice, breach of fiduciary duty, fraud or any claim based
upon a statute, as well as any dispute as to the arbitrability of any such claims. The arbitrator's
award will be final and binding, and judgment thereon may be entered in any court of competent
jurisdiction. Arbitration will be the sole means of resolving any such disputes, and both parties
waive their rights to resolve disputes by jury trial or other court proceedings.

The prevailing party in any such arbitration or litigation will be entitled to recover all attorneys'
fees (including, in the event .w e are the prevailing party, the value of the time of all attorneys in
our firm who perform legal s~rvices in any such arbitration or litigation, computed at their normal
billing rates), and all experts' fees and expenses and all costs (whether or not such costs are
recoverable pursuant to the California Code of Civil Procedure) that may be incurred in
connection with either obtaining or collecting any judgment and/or arbitration award, in addition
to any other relief to which that party may be entitled.

The parties acknowledge that this agreement is a contract involving interstate commerce and
that, notwithstanding the general choice of law provision in paragraph 13, this arbitration
provision will be interpreted under the Federal Arbitration Act.

13. Governing Law.

This Agreement and its enforcement shall be governed by the laws of the State of California
without reference to conflict of law rules.

14_ Joint Representation Waiver.

As you know, we will be representing both of you in the Amann Lawsuit. While such joint
representations are not unusual, the Rules of Professional Conduct, which apply to attorneys,
require us to obtain your consent to such joint representation and to advise you of certain
consequences resulting from that representation. For example, although we are not aware of
any conflict that presently exists between the two of you, the potential for such a conflict exists.
If an actual conflict were to arise in the Mure, we may not be able to continue to represent Scott
in the Amann Lawsuit. ·

By countersigning this engagement letter below, each of you will be acknowledging and
agreeing to our joint representation of the two of you in the Amann Lawsuit Additionally, each
of you specifically agrees that our firm may represent Phil Brooks in connection with any and all
matters other than the Amann Lawsuit, both now and in the future. Further, each of you

LA2413045.1
666666-66666
Mr. Phil Brooks
Mr. Scott Colton
As of March 3. 2015
Page6
FILED DATE: 8/7/2018 7:29 PM 2018L008534

specifically agrees that we may represent the other one in any matters unrelated to the Amann
Lawsuit. both now and in the future, provided that no conflict exists with the other one of you.

In addition, by countersigning below, you will both be agreeing that, in the event that Scott were
to retain different counsel of record in the Amann Lawsuit at a later date, we may and would
continue to represent Phil in the Amann Lawsuit. Under those circumstances, Scott agrees that
he would not seek to disqualify our finn from representing Phil in the Amann Lawsuit or in any
other matter.

We encourage each of you to consult with separate, independent counsel about these issues
and about any and all other matters involving this joint representation if you wish to do so.

We also must advise you that this firm would have a conflict of interest in representing either of
you against the other in any dispute between the two of you related to or arising from the
Amann Lawsuit (hereinafter referred to as a "Dispute"} since we have obtained, will have
obtained and/or will come into possession of confidential information about each of you related
to the Amann Lawsuit that would not otherwise be available to the other, and because your
respective financial interests and objectives may from time to time be adverse. Because
lawyers are not allowed to represent conflicting interests without the consent of each of the
affected parties, we want to be sure that you understand the areas of our representation that
might give rise to possible GQnflicts.

Rule 3-31 O(C) of the California Rules of Professional Conduct provides:

A member of the State Bar shall not without the informed written consent of each client

1. Accept representation of more than one client in a matter in which the
interests of the clients potentially conflict; or

2. Accept or continue representation of more than one client in a matter in
which the interests of the clients actually conflict;

In addition, Rule 3-310(E) of the Rules of Professional Conduct provides:

A member shall not, without the informed written consent of the client or fonner client,
accept employment adverse to the client or former client where, by reason of the
representation of the client or former client, the member has obtained confidential
information material to the employment.

Please be advised that, absent the consent of each of you, we would decline to undertake the
joint representation of both of you in the Amann Lawsuit.

In spite of, and with full awareness of, all of the foregoing, each of you has nevertheless
requested and agreed that this finn represent each of you, jointly, in the Amann Lawsuit. In
agreeing to this joint representation, you understand that, in connection with the Amann
Lawsuit, we will not be able to represent the interests of either of you against the interests of the
other in any Dispute (i.e., a conflict relating to or arising from the Amann Lawsuit}. We will.
however, discuss each element of the Amann Lawsuit with each of you, with a view toward

LA2413045.1
666666-66666
.--._

Mr. Phil Brooks
Mr. Scott Colton
As of Man:h 3. 2015
Page7
FILED DATE: 8/7/2018 7:29 PM 2018L008534

pointing out to each of you at the same time the respective advantages and disadvantages of
each element. Likewise, each of you authorizes and directs us to disclose to the other any
confidential information in our possession concerning 'either of you that would be material to the
other one in the Amann Lawsuit.

By signing below, you will further confinn your understanding that, if there were ever any dispute
between the two of you. any infonnation furnished to us by either of you in the course of this
joint representation will not be considered confidential information as to the other one, and may
be disclosed to both of you, and neither of you may claim an attorney-client privilege with
respect to such communications to us in a civil proceeding in the unlikely event of litigation
between the two of you.

By countersigning this letter in the designated spaoe below, each of you also will confirm that,
as also discussed above, we have encouraged you to consult with other counsel as to our
actual and/or potential conflict of interest in undertaking the joint representation of both of you,
as well as in any matters (such as the subject of indemnity obligations among you} in which you
are adverse to one another. Additionally, you confirm that we have afforded you the opportunity
to raise with us to your satisfaction any questions that you may have on these subjects.

Each of you has informed us that you understand the possible adverse effects of our joint
representation of each of you in the Amann Lawsuit, and that you consent to the same. Should
any Dispute {as defined above) arise between you that cannot be resolved without further
litigation, arbitration or mediation, we will refrain from representing either of you in such Dispute.
In any such Dispute, under California Evidence Code Section 962, you and your successors in
interest may not be able to claim an attorney-client privilege with respeet to communications that
you made to us relating to the Amann Lawsuit.

By countersigning this letter below, each of you will confirm that you waive any claim of conflict
of interest in our representation of both of you in the Amann Lawsuit in the manner described
above, and gives your informed consent thereto, subject to the restriction relating to any Dispute
as described above. Each of you also consents to our continued representation of Phil Brooks
in connection with other legal matters, whether related and unrelated to the Amann Lawsuit, as
discussed above. In accordance with the requirements of Rules 3-310(C) and (E) of the
California Rules of Professional Conduct, quoted above, please confirm your informed consent
to all of the foregoing by countersigning below and returning a signed copy of this letter to me.

Also, by signing below, each of you confirms that we have afforded you the opportunity to ask
and have answered to your satisfaction any questions you may have relating to our joint
representation of you in connection with the engage111ent described above. Each of you also
acknowledges that we have afforded you the opportunhy to consult with other counsel about the
potential conflicts of interest and the possible resulting adverse effects of our representation of
you jointly, and that you consent to such joint representation.

15. Conflicts of Interest.

We represent many other clients. You agree that we may represent other persons and entities,
both ~ow and in the future. In particular, you agree that while we are representing you in active,
pending matters, we may represent other clients in any matters adverse to you (or which may

LA2413045.1
666666-66666
--·-.

Mr. Phil Brooks
Mr. Scott Colton
As of March 3, 2015
Page8
FILED DATE: 8/7/2018 7:29 PM 2018L008534

be adVerse to any of your subsidiaries or affiliates), provided that the matters (a) are not
substantially related to active matters we are working on for you, (b) do not involve situations
where we have obtained confidential information from you that i5 material to the new matter(s).
or (c) are not litigations or arbitrations in which we are adverse to you. Additionally, if our
representation of you is terminated, we may thereafter represent other clients with interests
adverse to yours or those of your affiliates (even in litigation), provided that the representation
does not involve confidential information we have obtained from you that is material to those
matters. By executing this letter you are agreeing to waive any conflict of interest that arises in
any of the aforementioned situations. If for any reason your consent and waiver of potential
conflicts is not effective in the circumstances, you consent to our resignation from our
representation of you if such resignation is permissible under applicable professional rules.

Additionally, and without limiting the foregoing in any way, each of you specifically agrees that
we may represent the other in matters unrelated to the Amann Lawsuit in the future, provided
that no conflict exists between you.

In addition, please be aware that Loeb & Loeb LLP has internal ethics and professional
responsibility counsel, who advise Loeb & Loeb attorneys generally regarding their ethical,
professional and legal duties. From time to time, the Loeb & Loeb attorneys working on your
matter may consult these lawyers. You acknowledge that any such consultation is protected by
Loeb & Loeb's own attorney-client privilege, and you waive any right to discovery of those
communications. Should circumstances arise in which Loeb & Loeb LLP faces a conflict of
interest with respect to or by virtue of these communications, you agree to waive that conflict.
You also agree that such communications are property of the firm and are not part of your files
of
for purposes paragraph 9 above.

16. Counterparts.

This engagement agreement may be executed in counterparts with the same effect as if the
parties had signed the same document. Delivery by facsimile or by electronic transmis$iOn in
portable document fonnat {PDF) of this engagement agreement is as effective as delivery of an
originally executed counterpart of this engagement agreement.

17. Complete Agreement.

This letter represents the entire agreement between you and our firm regarding our
representation and supersedes any prior agreements or understandings.

If you ever have any concerns about our work, please feel free to contact Michael Beck, our
Chairman.

If you agree with the foregoing, please countersign the letter in the indicated space below and
return your signature page to me via email (in PDF form), by fax (310-919-3891) or overnight
courier.

LA2413045.1
666666-66666
.. --. ,.•--

Mr. Phil Brooks
Mi-. Scott Colton
As of March 3. 2015
Page9
FILED DATE: 8/7/2018 7:29 PM 2018L008534

I am looking forward to working with you. Thank you again for choosing Loeb & Loeb LLP.

Regards,

Sunny Brenner
Partner
-
EACH OF THE UNDERSIGNED HAS READ AND UNDERSTOOD THIS
AGREEMENT, AND ACKNOWLEDGES THAT THIS AGREEMENT IS SUBJECT TO
BINDING ARBITRATION, AS PROVIDED ABOVE. THE FOREGOING
ACCURATELY SETS FORTH ALL OF THE TERMS OF YOUR ENGAGEMENT, AND
IS APPROVED AND ACCEPTED AS OF MARCH 3, 2015.

MR. PHILLIP BROOKS MR. SCOTT COLTON

LA2413045.1
666666-66666
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

EXHIBIT E
\
FILED DATE: 8/7/2018 7:29 PM 2018L008534

"To date I have spent $513,736 dollars on this Amman lawsuit. My outstanding current bill is at least 300k. Half of
all thiS is yours. Divide the 513,736 by 2 and that is what you owe me and what I expect you to pay me. starting
now I will no longer be paying your bills. You are on your own. Whatever my bill is currently, will be cut in half,
and half will be yours. If you choose to make this all ugly, that's fine too. I hope you won't, but I gave up on you
doing what is right a long time ago.

Sent from my iPhone"

l
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

GROUP EXHIBIT F
Carey Stein

From: careystei n < cmstein@ashmanstein.com >
Sent: Friday, May 06, 2016 7:43 AM
FILED DATE: 8/7/2018 7:29 PM 2018L008534

To: 'Emily Stone'
Cc: Colt
Subject: RE: Colton documents
Attachments: Substitution of Attorneys 2 signatures.pdf

Thank you
I have attached substitutions.
If it is acceptable, please have your guys sign and return to me.
I will have Scott sign, and will get these before the judge.
Thanks

From: Emily Stone [mailto:estone@loeb.com]
Sent: Thursday, May 05, 2016 3:58 PM
To: cmstein@ashmanstein.com
Cc: Sunny Brenner; Laura McNally
Subject: Colton documents

Carey,

It was good speaking with you yesterday. I've cc'ed Sunny Brenner and Laura McNally, the two partners on the case,
since we will all be working together moving forward.

Per your request, I have attached our appearances in the case, the most recent order from the court and the most
recent discovery requests to Scott that were due today by way of an agreed 2-week extension. Brian Saucier {Amann's
counsel) verbally agreed that we did not need to serve responses given that he was obtaining new counsel. I will
confirm that with him today and request an extension in writing.

As we discussed, I will work to get you the file and discovery documents. Scott does have a deposition scheduled for July
20 at 2:00 p.m. If you have any further questions, please let me know. I will be on the look-out for a substitution of
counsel from you.

Best,
Emily
Emily Stone
Attorney At Law

I I
321 North Clark Street, Suite 2300 I Chicago, IL 60654
Direct Dial: 312.464 31 261 Fax: 312 896 7437 J E-mail: estone@loeb.com
Los Angeles I New York I Chicago I Nashville I Washington, DC I Beijing I Hong Kong I www.loeb.com

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1

1
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - LAW DIVISION
FILED DATE: 8/7/2018 7:29 PM 2018L008534

CHRISTOPHER M. AMANN )
Plaintiff, )
)
V. ) Case No.: 2015 L 1752
)
PHILLIP JACK BROOKS and ) Hon. Judge Janet Adams Brosnahan
SCOTT COLTON )
)
Defendants. )

SUBSTITUTION OF ATTORNEYS

We hereby withdraw our Appearance for and on behalf of Defendant, SCOTT
COLTON in this case.

Dated: May_, 2016

Saul Daniel Brenner
Loeb & Loeb, LLP
l O100 Santa Monica Blvd.
Suite 2200
Los Angeles, CA. 90067
(310) 282-2284
Atty. No. 6318911

Thomas P. Jirgal
Loeb & Loeb, LLP
3 21 North Clark
Suite 2300
Chicago, Illinois 60654
44491

1
FILED DATE: 8/7/2018 7:29 PM 2018L008534

We hereby enter our Appearance for and on behalfofDefendant, SCOTT COLTON,
in this case.

Dated: May_, 2016

Carey M. Stein
Ashman & Stein
150 North Wacker Drive
Suite 3000
Chicago, Illinois 60606
Telephone: 312/782-3484
AttomeyNo.: 37710

SCOTT COLTON, one of the Defendants herein, hereby authorizes and consents to
the Substitution of Attorneys as aforesaid.

Dated: May_, 2016

SCOTT COLTON

\\CAREYOFFJCE-PC\Users\Publlc\Oocument:1-\A.<ihm11.nstein\ACTIVE\colton adv umann\Substitutiun of Attorneys 2 ~ignatures.wpd

2
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

EXHIBITG
Carey Stein

From: Sunny Brenner <sbrenner@loeb.com>
Sent: Wednesda , June 01 2016 2:38 PM
To:
Cc: cmstein@ashmanstein.com
Subject: RE: Case

Scott,

Thanks for responding . Despite your unwillingness to contribute to your legal fees. I am still
prepared to represent you, and Phil is prepared to have me represent you and cover your legal
fees going forward , as long as there is no conflict between you and Phil that prevents me from
fairly and ethically representing you. At this time, I don't believe that any such conflict
exists. Please confirm by return email that you're willing to have me and my law firm continue to
represent you on this basis.

Thanks,
Sunny

Sunny Brenner
Partner
•- ~ LOEB&
LOEB _,_p
10100 Santa Monica Blvd., Suite 2200 I Los Angeles, CA 9006 7
Direct Dial : 310.282.2284 J Fax: 3 10.9 19.3891 I Email: .@.[e nner@loeb.comIwww.loeb.com

From: colt . mailto:col
Sent: Tuesday, May 31, 2016 10:44 AM
To: Sunny Brenner
Cc: cmstein@ashmanstein.com
Subject: Re: case
no

----Original Message----
From: Sunn Br < loeb.com>
To: 'Colt'
Cc: carey stein <cmstein@ashmanstein.com>
Sent: Tue, May 31 , 201611:58 am
Subject: RE: Case

Scott,

Thanks for your email. You've made it clear how you felt about the emails between you and Phil. However, I'm not sure
whether you answered the question that I had asked you. My question was whether -- assuming Phil were to agree that
he would not sue you for a portion of the legal fees that he's incurred on his and your behalf, and assuming further that I
were to continue to represent you going forward - you would be prepared to pay a portion of the legal fees going forward?
I'd appreciate it if you would clarify that so Phil can have all of the information that he has requested and we can get this
issue resolved once and for all.
1
Thanks,
Sunny

----------------------- ---------------------
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached
to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person
responsible for delivering ii to the intended recipient, you are hereby notified that any disclosure, copying, distribution or
use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have
received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its
attachments without reading or saving in any manner. Thank you , Loeb & Loeb LLP.
----- ------------------~--------
---Original Messa e--·-·
From: Colt
Sent: Sunday, May 29, 2016 10:32 AM
To: Sunny Brenner
Cc: carey stein
Subject: Case

Sunny,

I felt very threatened by Phil's emails. I did and do take them very seriously. Again, per his request I'm on my own and
Cary Stein and I are ready to move forward on our own.
If you want me to stay with you ...and Phil wants to continue paying the fees, I will agree, contingent on him signing a
document saying he won't legally try and come after me. I think it's very simple.

On a TOTAL UNRELATED side note. If we continue to work together, I'm more than happy to work with Phil in
coordinating a crowd funding campaign in order to help with the financial support stemming from the case.

Scott

Sent from rny iPhone
ColtCabana.com
@ColtCabana

2
FILED
8/7/2018 7:29 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 8/7/2018 7:29 PM 2018L008534

2018L008534

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LOEB& Sulle 2300
Chlcago. IL 60654 Fax
LOEB LLP

Via Federal Express

March 10. 20 17

Mr. Scott Colton

Chicago. lltinols 60647

Re: Amrnan v. Brooks, et at., Case No. 2015 L 001752

Dear Scott

We are writing, pursuant to Illinois Supreme Court Rule 13(c)(2), to provide you with formal
notice of our motjon to withdraw our appearance for you in the above-entitled lawsuit.
Yesterday morning, Mr. Stein infom1<.-'d us that he has not yet been retained to represent you in
this lawsuit.

Supreme Court Rule 13(c)(2) requires us to advise you that to insure notice of any actions in the
lawsuit, you should retain counsel or file l\-i th fue cferl< of court. within 21 days after entry of the
order of withdrawal, your supplemental appearance that provides an address at which service of
notices or other documents may be made upon ~'Ou.

As you will see in the attached paperwork, we will present our motion to withdraw to Judge
Brosnahan on March 20, 2017 at 10:00 a.m . You are welcome but not required to attend. If
you do not appear at the time of the motion, we will provide you \vith a copy of any ruling from
then the court.

We continue to wish you the best, Scott We look fo.rward to working cooperatively with your
new counsel.

Sincerely,
..

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Enclosures

13083161.1
224707-10001