E-Notice

2018-M1-110801
Room: 1106
To: Colin Anthony Cameron
info@chicagobikelawfirm.com

NOTICE OF ELECTRONIC FILING

The transmission was received on 05/08/2018 at 3:22 PM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 05/08/2018 at 4:06 PM.

AMENDED COMPLAINT FILED

Filer's Email: info@chicagobikelawfirm.com

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

(312) 603-5031
courtclerk@cookcountycourt.com
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2018-M1-110801
ROOM: 1106
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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DIVISION
MUNICIPAL DEPARTMENT, FIRST DISTRICTCLERK DOROTHY BROWN

SPENCER SANZ )
)
Plaintiff, )
)
v. ) Case No.: 2018 M1 110801
)
LOGAN SQUARE FITNESS LLC; )
)
)
Defendant. )

FIRST AMENDED CLASS ACTION COMPLAINT AT LAW

NOW COMES the Plaintiff, SPENCER SANZ, on behalf of himself and any and all

other similarly situated Plaintiffs, by and through his attorneys CAMERON AND KANE LLC,

and for his class action complaint at law against Defendant LOGAN SQUARE FITNESS LLC,

states:

GENERAL FACTUAL ALLEGATIONS

1. On and before June 15, 2017, the Plaintiff, SPENCER SANZ, resided in the City of

Chicago, County of Cook and State of Illinois.

2. On and before June 15, 2017, Defendant LOGAN SQUARE FITNESS LLC was a for

profit enterprise conducting business in the City of Chicago, County of Cook and State of

Illinois.

3. On or about June 15, 2017, Defendant LOGAN SQUARE FITNESS LLC offered

Plaintiff SANZ a 12 month gym membership that would permit Plaintiff the right to use the gym

facilities located at 2734 N Milwaukee Ave in Chicago, IL for $389.00

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 4. On information and belief, at other times material hereto, Defendant offered other

potential class members similar membership contracts for the right to use Defendant’s gym

facilities located at 2734 N Milwaukee Ave. in Chicago, IL.

5. On or about June 15, 2017, Plaintiff SPENCER SANZ accepted this offer.

6. On information and belief, at other times material hereto, various other potential class

members accepted materially similar offers made by Defendant.

7. In consideration for 12 months of gym use, on or about June 15, 2017, Plaintiff

SPENCER SANZ paid Defendant LOGAN SQUARE FITNESS LLC $389.00, which was the

full amount of the cost of the 12 month membership.

8. On information and belief, in consideration for various lengths of time of gym facility
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use, other potential class members made similar full payments to Defendant LOGAN SQUARE
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FITNESS LLC.

9. The terms of the contract entitled Plaintiff SPENCER SANZ to use of gym facilities at

the aforementioned location through June 15, 2018.

10. The terms of their similar contracts with Defendant entitled other potential class members

to use of gym facilities for other determined periods of time.

11. On or about February 27, 2018, Defendant LOGAN SQUARE FITNESS ceased

operation of the gym facility at 2734 N Milwaukee Ave. in Chicago, IL.

12. Beginning on or about February 27, 2018, Plaintiff SPENCER SANZ was no longer able

to use the gym facilities to which he was entitled to use under the terms of the aforementioned

contract.

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 13. Beginning on or about February 27, 2018, on information and belief, other potential class

members were no longer able to use the gym facilities to which they were entitled to use under

the terms of their membership contracts.

COUNT I- BREACH OF CONTRACT

14. Defendant’s failure to open its gym facility for use by the Plaintiff constitutes a material

breach of the contract entered into by Plaintiff SANZ and Defendant.

15. Defendant’s failure to open its gym facility for use by other potential class members who

were contractually entitled to use Defendant’s gym facilities after February 27, 2018 constitutes

a material breach of the contract entered into by said potential class members and Defendant.

WHEREFORE, Plaintiff and class members demand judgment against Defendant for
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breach of contract in the amount, specified in class members’ specific contracts, paid for gym
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use at Defendant’s facilities after the date of February 27, 2018, plus costs.

COUNT II- VIOLATION OF ILLINOIS CONSUMER FRAUD AND DECEPTIVE

16. Plaintiff restates and realleges paragraphs 1-15 as if fully plead herein.

17. Explicit and/or implicit representations made to Plaintiff and other potential class

members by Defendant that said persons would be entitled under the terms of their contracts to

use Defendant’s gym facilities after February 27, 2018 were false and misleading.

18. Defendant’s representations about the gym’s continuing operation after February 27,

2018 to Plaintiff and all potential class members were intended by Defendant to be relied upon

by any and all individuals entering into contractual agreements with Defendant for access to

Defendant’s gym facilities after February 27, 2018.

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 19. Plaintiff and other potential class members relied on Defendant’s representation that the

gym facilities would be open and accessible to all members, pursuant to contracts, for various

periods of time following February 27, 2018.

20. Defendant’s statements, explicit or implicit, that the gym facilities would be open and

accessible to Plaintiff and potential class members who entered into membership contracts with

Defendant proximately caused actual damages to Plaintiff and all potential class members in the

amount in which those parties paid Defendant for gym use beyond February 27, 2018.

WHEREFORE, Plaintiff SPENCER SANZ and similarly situated individuals demand

judgment against Defendant LOGAN SQUARE FITNESS LLC, in the sum of the total amount

of money paid for gym use beyond February 27, 2018, as well as punitive damages and
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attorney’s fees.
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CLASS ALLEGATIONS

21. ​CLASS DEFINITION: ​Plaintiff brings this action pursuant to 735 ILCS 5/2-801 on behalf

of himself and a class of similarly situated individuals, defined as follows: All persons who

entered into contracts with Defendant and made payment to Defendant for use of Defendant’s

gym facilities for any amount of time later than February 27 2018.

22. Excluded from the class is: (1) Defendant, Defendant’s agents, subsidiaries, parents,

successors, predecessors, and any entity in which Defendant or its parents have a controlling

interest, and those entities’ current and former employees, officers and directors; (2) The judge to

whom this case is assigned and the judge’s immediate family; (3) any person who executes and

files a timely request for exclusion from the Class; (4) any person who has had their claims in

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 this matter finally adjudicated and/or otherwise released; and (5) the legal representatives,

successors and assigns of any such excluded person.

23. ​Numerosity:​ The exact number of class members is unknown and is not available to Plaintiff

at this time, but individual joinder in this case is impracticable. The classic likely consists of

hundreds of individuals due to the nature of Defendant’s business. Class members can easily be

identified through Defendant’s records of by other means.

24. ​Commonality and Predominance:​ There are several questions of law and fact common to

the claims of Plaintiff and class members, and those questions predominate over any questions

that may affect individual class members. Common questions include, but are not limited to, the

following: a) Whether Defendant breached contract with Plaintiff and class members by closing
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its facilities on February 27, 2018; b) whether defendant’s offering of use of the gym facilities to
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Plaintiff and class members for time frames beyond February 27, 2018 constituted a deceptive

act or practice by defendant as defined in the Illinois Consumer Fraud and Deceptive Business

Practices Act; c) whether defendant intended Plaintiff and class members to rely on its offering

of use of gym facilities after February 27, 2018; d) whether such representations occurred in the

course of conduct involving trade or commerce and e) whether said representations resulted in

actual damage to Plaintiff and class members in the amount of money they paid to Defendant for

gym use after February 27, 2018.

24. ​Appropriateness:​ Class proceedings are also superior to all other available methods for the

fair and efficient adjudication of this controversy because joinder of all parties is impracticable.

Further, it would be virtually impossible for individual members of the class to obtain effective

relief because the damages suffered by individual class members are likely to be relatively small,

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 especially considering the cost of litigating such matters, making individual actions against

Defendant cost prohibitive. Additionally, a class action would be preferable due to the fact that a

multiplicity of individual actions would likely increase the expense and time of litigation. A class

action would, on the other hand, provide the benefits of fewer management difficulties, single

adjudication, economy of scale, and comprehensive supervision by a single court, and would

result in reduced time, effort and expense for all parties and the court, and ultimately, uniformity

in judicial decisions.

25. ​Adequacy of Representation:​ Plaintiff will fairly and adequately represent and protect the

interest of the class, and have retained counsel competent and experienced in Plaintiff side

litigation, contractual disputes and class actions. Plaintiff has no interest antagonistic to those of
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the class, and defendant has no defenses unique to Plaintiffs.

WHEREFORE, Plaintiff, individually and on behalf of the class, prays for an order as

follows:

A. Finding that this action satisfies the prerequisites for maintenance as a class action set

forth in 735 ILCS 5/2-801, and certifying the class defined herein;

B. Designating Plaintiff as representative of the class and his undersigned counsel as class

counsel;

C. Entering judgment in favor of Plaintiff and the class against Defendant;

D. Awarding Plaintiff and the class compensatory damages, punitive damages and attorney’s

fees and costs and;

E. Granting all such further and other relief as the court deems just and appropriate.

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 Respectfully Submitted,

__________________________
Colin A. Cameron

CAMERON AND KANE LLC.

colin@cameronandkane.com
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 Municipal DIVISION
Litigant List

Printed on 05/08/2018

Case Number: 2018-M1-110801 Page 1 of 1

Plaintiffs
Plaintiffs Name Plaintiffs Address State Zip Unit #

SANZ SPENCER 0000

Total Plaintiffs: 1

Defendants
Defendant Name Defendant Address State Unit # Service By
LOGAN SQUARE FITNE 901 S 2ND ST. SUITE IL 0000

Total Defendants: 1