FORD MODELS INC v JOSHUA POWELL COMPLAINT

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS .7. '53: COUNTY DEPARTMENT - LAW DIVISION '97. i {73. .2 '33, FORD MODELS, INC. 4, Plaintiff, Pg?? as: a vs. Case No.: JOSHUA LEMON POWELL, individually, and THE FIELD THE FIELD L-.. Team GROUP: AND at) 2 an . Defendants. Ergaih Bi: COMPLAINT AT LAW NOW comes the plaintiff, FORD MODELS, INC., by its attorneys, PAPPAS HEALY, LLC, and for its Complaint against the defendant, JOSHUA LEMON POWELL, states unto the court as follows: 1. At all relevant times herein, plaintiff, a Delaware corporation was and is an international modeling agency with Offices in many locations including at 311 West Superior Street, Suite 444, Chicago, Cook County, Illinois 60654. 2. That plaintiff provides its clients with models that the clients can use as an aid to conduct their businesses, including using photographs Of models provided by plaintiff in catalogs created by the clients to conduct their business, including marketing of various items, including merchandise. 3. That defendant is a seller Of merchandise manufactured and/or created by others which defendant inserts in its catalogs for distribution to potential buyers all over the United States, including Chicago, Illinois. 4. That in the catalogs created by defendant, photographs of models are utilized to display merchandise that defendant intends to sell to customers who receive its catalogs. 5. The defendant does substantial business in Cook County, Illinois and throughout the State of Illinois. 6. That defendant resides at 11 West Wacker, Unit 17, Unit 2715, Chicago, Cook County, Illinois; defendant also maintains a residence located at 203 West Front Street, Buchanan, Berrien County, Michigan. 7. That at all relevant times herein, defendant had employees who lived and worked in Cook County, Illinois, including Nancy Flemm. 8. That plaintiff, through its Chicago of?ce, at the request of defendant provided the following models who were photographed and included in defendant?s catalogs: Ms. Shawn Pressley; Mr. Mel Platzke; Ms. Tea Moir; Ms. Dara Tomanovich. 9. That pursuant to written agreements between the parties, plaintiff provided the aforementioned models to defendant for various jobs dated October 30, 2014, November 16, 2014, November 14, 2014, November 9, 2014, December 1, 2014 and January 8, 2015. 10. That the total fees and expenses billed by plaintiff to defendant for providing the aforementioned models who were photographed and then those photographs used by the defendant in the creation of his merchandising catalogs in the amount of $82,766.23. A copy of plaintiff? invoice to defendant dated February 25, 2015 is attached hereto ad Exhibit 11. That attached hereto as Group Exhibit are copies of written agreements between plaintiff 3 Chicago of?ce and defendant and his various employees for the modeling services generating fees and expenses due plaintiff by defendant in the amount of $82,766.23. 12. That after numerous requests by plaintiff to defendant to pay the amount stated in Exhibit ?1 defendant eventually made a payment of only $18,000.00; a copy of Exhibit is plaintiff invoice dated June 9, 2015 crediting the defendant with the $18,000.00 payment, leaving a total balance due and owing by defendant to plaintiff of $64,766.23. 13. That various employees and representatives of plaintiff dealt with Mr. Dan Winders, Chief Operating Of?cer employed by the defendant. 14. That on February 27, 2015, plaintiff? 5 general counsel, Maria A. Francois, made a written demand to defendant?s Chief Operating Of?cer, Daniel Winders on February 27, 2015 requesting full payment ofits February 25, 2015 invoice. 15. On March 2, 2015, Mr. Winders, in writing, advised Ms Francois that he would be discussing a repayment plan with defendant to pay outstanding invoice. A copy of the e?mail trail between Ms. Francois and Mr. Winders regarding the defendant?s delay in paying plaintiff" invoice and admission that the amount billed was due and owed by defendant is attached hereto as Exhibit 16. That on June 11, 2015, plaintiffs outside counsel, Richard A. Coppola made a written demand to Mr. Winders that the defendant pay the outstanding balance of $64,766.23 for services provided by the aforementioned Ford Models, Inc. models. A copy of Mr. Coppola?s written demand of June 11, 2015 is attached hereto as Exhibit 17. That on June 12, 2015, defendant?s Chief Operating Of?cer, Daniel Winders advised attorney Coppola that the defendant would continue to make payments directly to Ford Models and that Winders was expecting defendant to make an installment payment on June 15, 2015 or June 16, 2015. See Exhibit attached hereto. 18. On June 17, 2015 attorney Coppola sent an e-mail to Mr. Winders advising that no payment had been received from the defendant and requested information if the defendant sent a check for the balance. See Exhibit ?u 19. That from June 12, 2015 to the present date, the defendant has willfully failed to pay plaintiff the $64,766.23 which represents the balance of the plaintiff?s billing for providing a substantial amount of modeling services requested by the defendant. 20. Without permission the defendant continues to use the photographs of the above models in his periodic catalogs in spite of nonpayment of the invoices for the work done by these models for defendant. WHEREFORE, plaintiff, FORD MODELS, INC., prays for a judgment against the defendant, JOSHUA LEMON POWELL, in the amount of SIXTY FOUR THOUSAND SEVEN HUNDRED SIXTY SIX AND THREE DOLLARS, plus prejudgment interest, cost of this suit, and attorneys fees. PAPPAS HEALY, LLC, attorneys WQZD MODELS, INC. SR PAPPAS HEALY, LLC 221 N. LaSalle Street Suite 800 Chicago, Illinois 60601 (312)782-5363 Firm I.D. N0.: 43292