.-.

Plaintiff,
-vs<('C,,.,-_.,

,,_ ... '

RUSSELL KELLY, individually and as agent,
Servant, and/ or employee of CVS PHARMACY,
and CVS PHARMACY, INC.
Defendants.

COMPLAINT AT LAW
NOW COMES, the plaintiff, CARLOS FIGUEROA, by and through his attorneys HANNA
/VANDER PLOEG, LLC, and complaining of the defendants, RUSSELL KELLY, individually and
as agent, servant, and/ or employee of CVS PHARMACY, and CVS PHARMACY, INC., states as
follows:

COUNT I: CONVERSION
1.

That, on or about October 30,2017, plaintiff, CARLOS FIGUEROA, resided at 99

S. Butrick Street, City of Waukegan, State ofillinois.
2.

That at all relevant times, defendant CVS PHARMACY, INC., (hereinafter "CVS")

was a business incorporated in the State of Rhode Island and doing business within the City of
Chicago, County of Cook, State of Illinois.
3.

That at the time and place aforesaid, defendant CVS PHARMACY, INC., owned,

operated, controlled and maintained a CVS PHARMACY located at 70 S. Louis Street, City of
Waukegan, State ofillinois.
4.

That at all relevant times, defendant RUSSELL KELLY, (hereinafter "KELLY") was

I

 --.
an agent, servant, and/ or employee of defendant CVS PHARMACY, and was acting within the scope
of his employment.
5.

That at the time and place aforesaid, plaintiff CARLOS FIGUEROA, purchased a

"Merry Millionaire" instant scratch off lottery ticket while at said CVS PHARMACY.
6.

That as a result of a malfunction in the Illinois Lottery Vending machine located at

said CVS PHARMACY, the ticket came in two halves.
7.
8.

That said lottery ticket was an instant winner of $1 ,000,000.00. See Exhibit "A".
That defendant KELLY then coerced plaintiff to provide him with half of the ticket

to confirm that plaintiff was a winner.
9.

Approximately 20 minutes later, defendant KELLY returned a different half of the

lottery ticket to the plaintiff. See Exhibit 'B".
10.

That the half of the ticket returned to plaintiff by KELLY was not the instant winner

ticket that plaintiff was coerced into giving to KELLY.
11.

That plaintiff FIGUEROA is the rightful owner of the ticket and the proceeds

therefrom.
12.

That plaintiff FIGUEROA has made repeated demands to the defendants for the

return of the ticket.
13.

That the ticket has, or will soon be, presented to the Illinois Lottery Board in the name

of defendant KELLY, and the payout can be expected anytime.

WHEREFORE, plaintiff demands judgment in his favor and against defendants KELLY
and CVS as follows:
A.

A finding that defendants have converted the lottery ticket;

B.

To issue an Order directing the Illinois Lottery to recognize CARLOS

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 FIGUEROA as the true owner of the lottery ticket specified herein; and,

C.

Any further relief this court deems necessary and just.

COUNT II:
TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
AGAINST DEFENDANTS AND THE ILLINOIS DEPARTMENT OF
REVENUE, ILLINOIS STATE LOTTERY FUND AND LOTTERY CONTROL
BOARD.

NOW COMES the plaintiff CARLOS FIGUEROA by and through his attorneys, HANNA
/ VANDER PLOEG, LLC, and petitions this court for relief under Section 11-101 and 11-102 of the
Illinois Code of Civil Procedure, 735 ILCS 5/11-101 and 102, for a temporary restraining order and
preliminary injunction and in support thereof states as follows:
1.

Plaintiff incorporates paragraphs 1 through 13 of Count I as and for paragraphs 1

through 13 of Count II as though fully stated herein.
14.

That based upon the foregoing facts, plaintiff fears and believes that the defendants

will attempt to convey, conceal, hide, dissipate, hypothecate, transfer, spend, and otherwise dispose
of and/ or en=ber the Lottery proceeds owned to the plaintiff, which is the property of the plaintiff,
or the proceeds thereof without this court's intervention, all in prejudice of your plaintiffs rights in
this cause unless the ILLINOIS LOTTERY BOARD is enjoined and restrained by temporary
restraining order ("TRO") and preliminary injunction from paying out the proceeds of the lottery
ticket referenced herein and the defendants are enjoined and restrained by TRO and preliminary
injunction from encumbering, concealing, hiding, transferring, spending, or otherwise disposing of
the proceeds if previously distributed.
15.

Plaintiff is in need of immediate relief in that unless the Defendant and the Illinois

Lottery Board is restrained from doing any of the acts stated above, he will suffer immediate and

3

 irreparable harm.
16.

That there is a strong likelihood of success on the merits and the plaintiff is without

sufficient funds to post bond as a result of defendant's previous actions.
17.

That the plaintiff has no adequate remedy at law.

18.

That the detriment of the TRO and preliminary injunction against the defendants is

greatly outweighed by the benefit to the plaintiff as said funds are the property of the plaintiff.

WHEREFORE, plaintiff, CARLOS FIGUEROA, prays for the following relief from this
court:
A.

For a TRO and subsequent preliminary injunction to be entered against the

IILLINOIS LOTTERY BOARD to be enjoined and restrained by TRO and preliminary injunction
from paying out the proceeds of the lottery ticket referenced herein and the defendant is enjoined
from transferring, encumbering, hiding, spending or otherwise hypothecating any of the proceeds
thereof in any manner without first obtaining leave of court or the ascent of the plaintiff and to place
said funds in escrow if said funds have previously been dispersed; and,

B.

For any such other relief this court deems appr
Respe

Oneo
David J. Vander Ploeg
HANNA I VANDER PLOEG, LLC
20 N. Clark St. Ste. 3100
Chicago IL 60602
(312) 268-2026
(312) 268-7035facsimife
Attorney No. 57052

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quitable.