IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

VENTAS REALTY, LIMITED 

PARTNERSHIP, 

 Plaintiff, 

v. 

ALC CVMA, LLC, ALC GGMG, LLC, 

ALC HTIF, LLC, ALC PEDG, LLC, ALC 

TPCG, LLC, ALC TISSC, LLC, ALC 

TSKG, LLC, and ALC WRWG, LLC, 

 Defendants. 

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No.: 12-cv-3107 

Judge Ronald A. Guzman 

Magistrate Judge Sidney I. Schenkier 

 

MOTION TO SUPPLEMENT MEMORANDUM IN SUPPORT OF MOTION 

FOR EXPEDITED APPOINTMENT OF RECEIVER 

1. On May 7, 2012 Plaintiff filed an Expedited Motion for Appointment of Receiver 

(“Receiver Motion”). 

2. In Conjunction with the Receiver Motion, Plaintiff filed its Memorandum In 

Support of Motion for Expedited Appointment of Receiver (“Memorandum”). In the 

Memorandum, Plaintiff contends, inter alia, that the Defendants’ operation of the Peachtree 

Estates facility in Dalton, Georgia is causing continuing irreparable harm to the reputation and 

goodwill of the facility. (Memorandum pp. 5-6 and 10-11). As set forth in the Memorandum, 

Peachtree Estates is the subject of not only a Notice of Intent to Revoke Permit issued by the 

Georgia Department of Community Health, but also substantially adverse publicity damaging the 

reputation and business of that facility. 

3. Last night, WRCB Channel 3 News in nearby Chattanooga, Tennessee aired a 

third segment of an ongoing investigative report on the condition of Peachtree Estates. 

Case: 1:12-cv-03107 Document #: 18 Filed: 05/08/12 Page 1 of 3 PageID #:462
4. Plaintiff respectfully requests that the Court consider the WRCB Channel 3 

investigative reports as supplemental support of Plaintiff’s claim that it is suffering ongoing 

irreparable harm to the goodwill and reputation of the Peachtree Estates facility and the other 

facilities that are the subject of the Receiver Motion. 

5. The links to the three televised reports are as follows:1

a. April 7, 2012 Report: 

http://www.wrcbtv.com/story/17355269/assisted-living-facility-in-daltonfacing-state-shutdown

b. April 13, 2012 Report: 

http://www.wrcbtv.com/story/17419630/peachtree-estates-not-backingdown-on-client-contract

c. May 7, 2012 Report: 

http://www.wrcbtv.com/story/18168421/peachtree-estates

WHEREFORE, Plaintiff respectfully requests that this Motion to Supplement 

Memorandum in Support of Motion for Expedited Appointment of Receiver be granted and that 

the Court consider with respect to the pending Receiver Motion this additional and very recent 

information concerning the continuing harm to Plaintiff as a result of Defendants’ operation of 

the facilities. 

 

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In case the Court is unable to access the TV reports on the television station’s website, Plaintiff 

is providing the Court and counsel of record a DVD with the three TV reports and a Video 

Installer in the event the videos are incompatible with the recipient’s operating systems. 

Case: 1:12-cv-03107 Document #: 18 Filed: 05/08/12 Page 2 of 3 PageID #:463
Dated: May 8, 2012 Respectfully submitted, 

 VENTAS REALTY, LIMITED PARTNERSHIP 

 By: /s/ Roger H. Stetson 

 One of Its Attorneys 

Roger H. Stetson 

John W. Roberts 

Brandon Prosansky 

Rupa Rajagopalan 

BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG LLP 

200 West Madison Street, Suite 3900 

Chicago, Illinois 60606 

Tel: (312) 984-3100 

Case: 1:12-cv-03107 Document #: 18 Filed: 05/08/12 Page 3 of 3 PageID #:464