Exhibit 1

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 1 of 57 PageID #:6
~eturn Date: No return date scheduled 

!earing Date: 8/10/2020 10:00 AM - 10:00 AM 

;ourtroom Number: 241 O 

FILED .ocation: District 1 Court 

Cook County, IL 4/10/2020 2:44 PM 

IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS DOROTHY BROWN 

COUNTY DEPARTMENT CHANCERY DIVISION 'CIRCUIT CLERK 

' COOK COUNTY, IL 

2020CH03799 

AMBASSADOR ANIMAL HOSPITAL, LTD., ) 

individually and as the representative of a ) 9053212 

class of similarly-situated persons, ) 

Plaintiff, 

v. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

No. 2020CH03799 

ELANCO ANIMAL HEALTH 

INCORPORATED and ELI LILLY AND 

COMPANY, 

Defendants. 

CLASS ACTION COMPLAINT 

Plaintiff, Ambassador Animal Hospital, Ltd. ("Plaintiff'), brings this action on 

behalf of itself and all other persons similarly situated and, except as to those 

allegations pertaining to Plaintiff or its attorneys, which allegations are based upon 

personal knowledge except as stated otherwise, allege the following upon information 

and belief against defendants Elanco Animal Health Incorporated ("Elanco") and Eli 

Lilly and Company ("Lilly'') (collectively "Defendants"): 

PRELIMINARY STATEMENT 

1. On behalf of itself and the class, Plaintiff seeks statutory damages and 

other relief from Defendants' practice of sending unsolicited advertisements by 

facsimile. 

2. Defendants have sent advertisements by facsimile in an attempt to 

market or sell property, goods, or services. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 2 of 57 PageID #:7
3. The federal Telephone Consumer Protection Act, 4 7 USC § 227 (the 

"TCPA"), prohibits any person or entity from sending or having an agent send any 

"unsolicited advertisement" by facsimile ("junk faxes" or "unsolicited faxes"). 

4. The TCPA mandates that if a person or entity sends an otherwiseunsolicited advertisement by facsimile to a fax recipient with which the sender has 

an "established business relationship," then the sender must include a specific, clear, 

and conspicuous opt-out notice on the first page of the advertisement. See 47 U.S.C. 

§ 227 (b) (2) (D); and 47 C.F.R. § 64.1200 (a) (4) (iii). 

5. The TCPA provides a private right of action and provides minimum 

statutory damages of $500 per violation. If the Court finds the advertisements were 

sent knowingly or willfully, then the Court can increase the damages up to three 

times $500. 

6. Unsolicited faxes damage their recipients. An unsolicited fax wastes the 

recipient's valuable time that would have been spent on something else. A junk fax 

interrupts the recipient's privacy. Unsolicited faxes tie up telephone lines, prevent 

fax machines from receiving authorized faxes, prevent their use for authorized 

outgoing faxes, use paper and ink toner for the sender's marketing purposes, cause 

undue wear and tear on the recipients' fax machines, and require additional labor to 

attempt to discern the source and purpose of the unsolicited message. 

7. On behalf of itself and all others similarly situated, Plaintiff brings this 

case as a class action asserting claims against Defendants under the TCPA and the 

common law of conversion. 

2 

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8. Plaintiff seeks an award of statutory damages for each violation of the 

TCPA. 

PARTIES. JURISDICTION AND VENUE 

9. Plaintiff is an Illinois corporation with its principal place of business in 

Oak Park, Illinois. 

10. Elanco is a Delaware corporation with its principal place of business in 

Greenfield, Indiana. 

11. Lilly is a Delaware corporation with its principal place of business in 

Indianapolis, Indiana. 

12. Jurisdiction is conferred by 735 ILCS 5/2-209 in that Defendants have 

transacted business in Illinois and committed tortious acts in Illinois related to the 

matters complained of herein. Venue is proper in Cook County pursuant to 735 ILCS 

5/2-101, et seq. because neither Defendant is a resident of Illinois, and also because 

some of the tortious acts complained of occurred in Cook County, Illinois. Specifically, 

some of the illegal faxing alleged herein took place in Cook County, Illinois. 

FACTS 

13. Defendant Elanco is an international provider of products and services 

for the animal health and food-animal production industries. In April 2018, Elanco 

was a division of Lilly. In September 2018, Lilly spun part of its stake in Elanco off 

through an initial public offering, and later disposed of all its remaining shares in 

March 2019. 

14. Lilly is a global healthcare and pharmaceutical company. 

3 

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15. On information and belief, Defendants have sent thousands of 

advertisements in fax broadcasts to one or more lists of targeted recipients 

throughout the United States and throughout the class period alleged herein. Two of 

those faxes were sent to Plaintiff in April 2018, copies of which are attached as 

Exhibit A. 

16. Exhibit A and other faxes sent by or on behalf of Defendants advertised 

goods, products, or services available for purchase from Defendants. 

17. The faxes invited recipient veterinarians and/or veterinary practice 

owners to attend and participate in Elanco presentations on topics of interest to 

veterinarians. Moreover, on information and belief, Elanco used the presentations to 

market its animal health goods and services. 

18. The presentations in the faxes in Exhibit A were to be held in Buffalo 

Grove, Illinois. Elanco also promoted presentations at locations throughout the 

country, including versions of the same presentations and presenters described on 

the Exhibit A faxes. On information and belief, Elanco promoted those presentations 

through faxes similar to the Exhibit A faxes, and used them to market its animal 

health goods and services. 

19. Plaintiff is among the persons to whom Defendants sent advertisements 

by fax. 

20. Plaintiff did not expressly invite or give permission to anyone to send an 

advertisement by fax from Defendants. 

4 

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21. Defendants' faxes did not contain the opt·out notice required by the 

TCPA. See, e.g., Exhibit A. 

22. On information and belief, Defendants sent faxes to Plaintiff and more 

than 39 other recipients without their prior express permission or invitation, and 

without the opt·out notice required on faxes sent to persons with whom Defendants 

can demonstrate an "established business relationship." This allegation is based, in 

part, on the fact that Plaintiff never expressly invited or permitted anyone to send 

the subject fax advertisements, the subject fax advertisements are forms unaddressed 

to Plaintiff, broadcasting advertisements by fax is an inexpensive way to reach a wide 

audience, and the faxes attached as Exhibit A have no opt·out notice. 

CLASS REPRESENTATION ALLEGATIONS 

23. Plaintiff brings this action as a class action on behalf of itself and a class 

of all others similarly situated and initially defined as follows: 

All persons sent at least one telephone facsimile message (a "fax"): (1) 

on or after April 10, 2015; (2) from or on behalf of Elanco or Lilly; (3) 

inviting participation in an upcoming program; (4) without the fax 

recipient's prior express invitation or permission; and (5) without the 

clear and conspicuous opt·out notice required by 47 C.F.R. § 64.1200 (a) 

(4) (iii). 

Plaintiff anticipates modifying the proposed class definition-including proposmg 

subclasses if appropriate-after discovery about the scope of Defendants' fax 

advertising practices as well as discovery as to. any potential affirmative defenses 

Defendants may plead. 

24. Excluded from the class are Defendants, any entity in which Defendants 

have a controlling interest, any officers or directors of Defendants, the legal 

5 ---------··-- --

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representatives, heirs, successors, and assigns of Defendants, and any Judge 

assigned to this action, and his or her family. 

25. This action is brought, and may properly be maintained as, a class action 

under 735 ILCS 5/2-801. This action satisfies the class action prerequisites because 

the class is too numerous for individual joinder, common questions of law or fact 

predominate over individual questions, the representative parties and their attorneys 

will fairly and adequately protect the interests of the entire class, and this class action 

is an appropriate method for the fair and efficient adjudication of the controversy. 

26. Numerosity/lmpracticality of Joinder: On information and belief, the 

class includes more than thirty-nine persons and, thus, is so numerous that joinder 

of all members is impracticable. The precise number of class members and their 

identities are unknown to Plaintiff, but can be obtained from Defendants' records or 

the records of third parties. 

27. Questions of Law or Fact Common to the Class: There is a well-defined 

community of interest and common questions of law and fact that predominate over 

any questions affecting only individual members of the class. These common legal 

and factual questions, which do not vary from one class member to another, and 

which may be determined without reference to the individual circumstances of any 

class member, include, but are not limited to the following: 

a. Whether Defendants sent unsolicited advertisements by fax; 

6 

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b. Whether Defendants' faxes, or the presentations promoted in the 

faxes, advertised the commercial availability or quality of any property, goods, 

or services; 

c. The manner and method Defendants used to compile or obtain the 

list(s) of fax numsbers to which they sent advertisements by fax; 

d. Whether Defendants faxed advertisements without first 

obtaining the recipients' express permission or invitation; 

e. Whether Defendants included clear and conspicuous opt-out 

notices on their faxed advertisements, including all content the TCPA requires; 

f. Whether each Defendant is directly or vicariously liable for 

violating the TCPA; 

g. Whether Plaintiff and the other class members are entitled to 

statutory damages; 

h. Whether Defendants should be enjoined from faxing 

advertisements in the future; 

1. Whether the Court should award trebled damages; and 

J. Whether Defendants' conduct constituted common law 

conversion. 

28. Fair and Adequate Representation: Plaintiff will fairly and adequately 

protect the interests of the class. Plaintiff does not have any interests adverse to the 

class. Plaintiff has retained counsel who are experienced in class action litigation 

generally and the TCPA specifically. 

7 

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29. Appropriateness: A class action is an appropriate method for the fair 

and efficient resolution of this controversy. Plaintiff envisions no difficulty in the 

management of this case as a class action. 

COUNT! 

TELEPHONE CONSUMER PROTECTION ACT. 47 U.S.C. § 227 

30. Plaintiff incorporates the preceding paragraphs as though fully set forth 

herein. 

31. Plaintiff brings Count I on behalf of itself and a class of similarlysituated persons. 

32. The TCPA prohibits the "use of any telephone facsimile machine, 

computer or other device to send an unsolicited advertisement to a telephone 

facsimile machine .... " 47 U.S.C. § 227 (b) (1). 

33. The TCPA defines "unsolicited advertisement," as "any material 

advertising the commercial availability or quality of any property, goods, or services 

which is transmitted to any person without that person's express invitation or 

permission." 47 U.S.C. § 227 (a) (4). 

34. The TCPA provides: 

3. Private right of action. A person may, if 

otherwise permitted by the laws or rules of court of a state, 

·bring in an appropriate court of that state: 

(A) An action based on a violation of this 

subsection or the regulations prescribed under this 

subsection to enjoin such violation, 

(B) An action to recover for actual 

monetary loss from such a violation, or to receive 

$500 in damages for each such violation, whichever 

is greater, or 

8 

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(C) Both such actions. 

47 U.S.C. § 227 (b) (3). 

35. In relevant part, the TCPA states that "[t]he [Federal Communications] 

Commission shall prescribe regulations to implement the requirements of this 

subsection ... in implementing the requirements of this subsection, the Commission 

shall provide that a notice contained in an unsolicited advertisement complies with 

the requirements under this subparagraph only if .. . (i) the notice is clear and 

conspicuous .... " 47 U.S.C. § 227 (b) (2) (D) (i). 

36. Additionally, "a notice contained m an unsolicited advertisement 

complies with the requirements under this subparagraph only if ... (ii) the notice 

states that the recipient may make a request to the sender of the unsolicited 

advertisement not to send any future unsolicited advertisements to a telephone 

facsimile machine or machines and that failure to comply, within the shortest 

reasonable time, as determined by the Commission, with such a request meeting the 

requirements under subparagraph (E) is unlawful.. .. " 47 U.S.C. § 227 (b) (2) (D) (ii). 

The shortest reasonable time has been determined to be thirty (30) days. 47 C.F.R. § 

64.1200 (a) (4) (iii) (B). 

37. The opt-out notice must also include "a domestic contact telephone and 

facsimile number for the recipient to transmit such a request to the sender" as well 

as a "cost-free mechanism for a recipient to transmit a request pursuant to such 

notice .... " 47 U.S.C. § 227 (b) (2) (D) (iv). 

9 

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38. "A notice contained in an unsolicited advertisement complies with the 

requirements under this subparagraph only if ... (v) the telephone and facsimile 

machine numbers and the cost-free mechanism ... permit an individual or business to 

make such a request at any time on any day of the week." 4 7 U.S.C. § 227 (b) (2) (D) 

(v). 

39. The FCC's regulations of opt-out notices on facsimile advertisements are 

set forth at 47 C.F.R. § 64.1200 (a) (4) (iii) 

40. The Court, in its discretion, can treble the statutory damages if the 

violation was knowing or willful. 47 U.S.C. § 227. 

41. Defendants violated 47 U.S.C. § 227 et seq. by sending advertisements 

by fax to Plaintiff and the other class members without their prior express invitation 

or permission and, to the extent Defendants will contend they sent the facsimiles on 

the basis of "established business relationship," by failing to include the clear, 

conspicuous, and content-rich opt-out notice required on the first page of each such 

facsimile. 

42. Facsimile advertising imposes burdens on unwilling recipients that are 

distinct from those imposed by other types of advertising. The content of the required 

opt-out notice is designed to ensure that the recipients know how to prevent and avoid 

future fax transmissions of advertising material, and to provide the various cost-free 

means Congress required to be made available to do so. If senders do not clearly and 

conspicuously provide the opt-out content to the recipients, then the recipients are 

unable to stop the burdens imposed by this form of advertisement. 

10 

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43. The TCPA is a strict liability statute and Defendants are liable to 

Plaintiff and the other class members even if their actions were negligent. 

44. Each Defendant is liable because, respectively, it sent the faxes, caused 

the faxes to be sent, participated in the activity giving rise to and/or constituting the 

violation, the faxes were sent on its behalf, or under general principles of vicarious 

liability applicable under the TCPA, including actual authority, apparent authority 

and ratification. 

45. Defendants knew or should have known that Plaintiff and the other 

class members had not given express invitation or permission for Defendants or 

anybody else to send them advertisements by facsimile and that the faxes did not 

display the opt-out notices required by the TCPA (including the FCC's regulations). 

46. Defendants' actions caused damages to Plaintiff and the other class 

members. Receiving Defendants' junk faxes caused recipients to lose paper and toner 

consumed in the printing of Defendants' faxes. Moreover, the subject faxes used 

Plaintiffs and the class's fax machines. The subject faxes cost Plaintiff time, as 

Plaintiffs valuable time was wasted receiving and reviewing Defendants' illegal 

faxes, time that otherwise would have been spent on Plaintiffs business activities. 

Defendants' faxes unlawfully interrupted Plaintiffs and the other class members' 

privacy interests in being left alone. Finally, the injury and property damage 

sustained by Plaintiff and the other class members from the sending of the faxes 

occurred outside Defendants' premises. 

11 

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47. Even if Defendants did not intend to cause damage to Plaintiff and the 

other class members, did not intend to violate their privacy, and did not intend to 

waste the recipients' valuable time with Defendants' advertisements, those facts are 

irrelevant because the TCPA is a strict liability statute. 

WHEREFORE, Plaintiff, individually and on behalf of all others similarly 

situated, demands judgment in their favor and against Defendants jointly and 

severally as follows: 

A. That the Court adjudge and decree that the present case may be 

properly maintained as a class action, appoint Plaintiff as the representative of the 

class, and appoint Plaintiffs counsel as counsel for the class; 

B. That the Court award $500.00 in statutory damages for each violation 

of the TCPA; 

C. That the Court treble the statutory damages to $1,500 per violation if it 

finds that either Defendants' conduct was knowing or willful; 

D. That the Court enter an injunction prohibiting Defendants from 

engaging in the statutory violations at issue in this action; and 

E. That the Court award costs and such further relief as the Court may 

deem just and proper. 

COUNT II 

CONVERSION 

48. Plaintiff incorporates all paragraphs preceding Count I as though fully 

set forth herein. 

12 

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49. Plaintiff brings Count II on behalf of itself and a class of similarlysituated persons and alleging claims under the common law of conversion. 

50. By sending unsolicited faxes to Plaintiff and the other class members, 

Defendants improperly and unlawfully converted their fax machines, toner, and 

paper to Defendants' own use. Defendants also converted the recipients' time to their 

own marketing use. 

51. Immediately prior to the sending of the unsolicited faxes, Plaintiff and 

the other class members owned an unqualified and immediate right to possession of 

their fax machines, paper, toner, and employee time. 

52. By sending the unsolicited faxes, Defendants permanently 

misappropriated the class members' fax machines, toner, paper, and employee time 

to their own use. Such misappropriation was wrongful and without authorization. 

53. Defendants knew or should have known that their misappropriation of 

paper, toner, and employee time was wrongful and without authorization. 

54. Plaintiff and the other class members ~ere deprived of the use of the fax 

machines, paper, toner, and employee time, which could no longer be used for any 

other purpose. Plaintiff and each class member thereby suffered damages as a result 

of their receipt of unsolicited fax advertisements from Defendants. 

55. Each of Defendants' unsolicited faxes that Plaintiff received effectively 

stole Plaintiffs time by forcing one or more employees to receive, review, and act upon 

Defendants' illegal faxes. Just the time spent in retrieving an unsolicited facsimile 

from the fax machine, reviewing it, and tossing it in the garbage can is burdensome 

13 

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and wasteful and converts Plaintiffs valuable time to Defendants' marketing effort. 

Defendants knew or should have known business time is valuable to Plaintiff. 

WHEREFORE, Plaintiff demands judgment in favor of itself and the entire 

class of similarly-situated others and against Defendants jointly and severally as 

follows: 

A. That the Court adjudge and decree that the present case may be 

properly maintained as a class action, appoint Plaintiff as the representative of the 

class, and appoint Plaintiffs counsel as counsel for the class; 

B. That the Court award appropriate damages; 

C. That the Court award punitive damages. 

D. That the Court award reasonable attorney's fees; 

E. That the Court award costs of suit; and 

F. That the Court award such further relief as it may deem just and proper. 

Respectfully submitted, 

AMBASSADOR ANIMAL HOSPITAL, 

individually and as the representative of a 

similarly-situated persons, 

By: Isl Phillip A. Bock 

One of its attorneys 

Phillip A. Bock (ARDC #6224502) 

LTD., 

class of 

BOCK, HATCH, LEWIS & OPPENHEIM, LLC (#44533) 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Telephone: 312-658-5500 

Facsimile: 312-658-5555 

service@classlawyers.com 

14 

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~eturn Date: No return date scheduled 

!earing Date: 8/10/2020 10:00 AM - 10:00 AM 

;ourtroom Number: 2410 

.ocation: District 1 Court 

Cook County, IL 

EXHIBIT A 

FILED 

4/10/2020 2:44 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2020CH03799 

9053212 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 16 of 57 PageID #:21
RECEIVED 04/13/201B 01:50PM 1630B309629 :Elanco Rnl al Health To: 16388389629 

Presenter: 

Mark Edwin Epstein, DVM, DABVP 

Dinner Catered by Bucca DI Beppo 

Topic: 

Rethinking Management of Osteoarthritis - Approved for r.F r.redit 

Veterinary Specialty Of Buffalo Grove 

1515 Busch Parkway 

Buffalo Grove, Illinois 60089 

Date and Time: 

Tuesday, April 24, 2018 

7:00 PM 

Please RSVP by: Monday, April 16, 2018 

Nlco\e Cochran, Elanco 773-343-4814 

Taylor Johnson, MWI 610-246-6733 

This event is intended for 

Veterinarians 

We regrer rhal other guests cannot be acr.ommodattJd. 

Name: 

Phone: Fax: 

Email: 

Banc:o and the d1aijonal bar ere trademarb owned or lic:enood by Ell Uly and Company. il5 1ubsidiariG1 or affiliatus. 

C 2016 El UIJy Snd COR'lpany, lt!I SUD51dl&lle!I Of~ USC.AHNOND1049(2) 

AMBASSADOR AH 

14:52 04113/18 GIIT-04 Pg 1-1 

Elanco 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 17 of 57 PageID #:22
:Elanco Rnl al Health 

RECEIVED 04/03/2018 10:55AM 16308309629 

To: 16308309629 

Michael R Lappin, DVM, PhD, DACVIM 

Topic: 

Canine and Feline Disease Prevention Hot Topics - Approved for CE Credit 

Place: 

Maggiano's woodlleld 

1901 Woodfield Road 

· Schaumburg, Illinois 60173 

Date and Time: 

Thursday, April 12, 2018 

Registration at 6:30PM 

Dinner & Presentation at 7:00PM 

Please RSVP by: Monday, Aprtl 2, 2018 

Jim Archer (312) 961-9778 

This event is intended for 

Veterinarians 

Veterinary Practice Owners 

We regret that other guests cannot be accommoctated, 

Clinic Name: 

Phone: Fax: 

Email: 

Eraneo and the dlagoN!III tisr are tred!nurkl awned « ueensed by Ell UD'f end Company, Its su11Sldlm1et or amuates. 

0 2018 Ell I.J11y and 0:impany, its &ub,ldiaries or affilbte:1. USCAHNON01049(2) 

AMBASSADOR AH 

11 : 56 04/03/18 GIIT-04 Pg 1-1 

Elanco 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 18 of 57 PageID #:23
Exhibit 2

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 19 of 57 PageID #:24
~eturn Date: No return date scheduled 1 

-!earing Date: 8/10/2020 10:00 AM - 10:00 AM 

~ourtroom Number: 2410 

.ocation: District 1 Court 

Cook County, IL 

2120 - Served 

2220 - Not Served 

2320 - Served By Mail 

2121 - Served 

2221- Not Served 

2321 - Served By Mail 

2421 - Served By Publication 

FILED 

4/10/2020 2:44 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2020CH03799 

9053212 

2420 - Served By Publication 

Summons-Alias Summons (08/01/18) CCG 0001 A 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

AMBASSADOR ANIMAL HOSPITAL, LTD 

(Name all parties) 

V. 

BLANCO ANIMAL HEALTH, INC & ELI LILY and 

COMPANY, INC 

2020CH03799 

Case No. 

~ SUMMONS □ ALIAS SUMMONS 

To each Defendant: 

YOU ARE SUMM:ONED and required to file an answer to the complaint in this case, a copy of 

which is hereto attached, or otherwise file your appearance and pay the required fee within thirty 

(30) days after service of this Summons, not counting the day of service. To file your answer or 

appearance you need access to the internet. Please visit www.cookcountyclerkofcourt.org to initiate 

this process. Kiosks with internet access are available at all Clerk's Office locations. Please refer to 

the last page of this document for location information. 

If you fail to do so, a judgment by default may be entered against you for the relief 

requested in the complaint. 

To the Officer: 

This Summons must be returned by the officer or other person to whom it was given for service, 

with endorsement of service and fees, if any, immediately after service. If service cannot be made, 

this Summons shall be returned so endorsed. This Summons may not be served later than thirty (30) 

days after its date. 

Please serve: 

Elanco Animal Health, Inc. 

c/o: Corporation Service Co. 

135 N. Pennsylvania St. Ste. 1610 

Indianapolis, IN 46204 

Documents to be served along with this Summons: 

- Complaint with exhibits; 

- Civil Cover Sheet; 

- Document preservation letter; and 

- PlaintifPs Motion for Class Certification. 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 1 of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 20 of 57 PageID #:25
Summons-Alias Summons (08/01/18) CCG 0001 B 

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first 

create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/ service-providers.htm 

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http:// 

www.illinoiscourts.gov/FAQ/ gethelp.asp, or talk with your local circuit clerk's office. 

Atty. No.: _4_4-'---'53~3 ____ _ 

Atty Name: Bock, Hatch, Lewis & Oppenheim, LLC 

Atty. for: ~P=la~in_ti~·ff~----------

Address: 134 N. La Salle Street, Suite 1000 

City: Chicago 

State: IL Zip: 60602 

Telephone: (312) 658-5500 

Primary Email: service@classlawyers.com 

Witness: 

4/10/2020 2:44 PM DOROTHY BROWN 

OWN, Clerk of Court 

Dateo 

(To be cer on copy left with 

Def en ~"""""'~ rson): 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page2 of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 21 of 57 PageID #:26
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS 

0 Richard J Daley Center 0 Domestic Relations Division 

50 W Washington Richard J Daley Center 

Chicago, IL 60602 50 W Washington, Rm 802 

0 District 2 - Skokie Chicago, IL 60602 

5600 Old Orchard Rd Hours: 8:30 am - 4:30 pm 

Skokie, IL 60077 0 Civil Appeals 

0 District 3 - Rolling Meadows Richard J Daley Center 

2121 Euclid 50 W Washington, Rm 801 

Rolling Meadows, IL 60008 Chicago, IL 60602 

0 District 4 - Maywood 

Hours: 8:30 am - 4:30 pm 

1500 Maybrook Ave 0 Criminal Department 

Maywood, IL 60153 Richard J Daley Center 

0 District 5 - Bridgeview 

50 W Washington, Rm 1006 

Chicago, IL 60602 

10220 S 76th Ave Hours: 8:30 am - 4:30 pm . Bridgeview, IL 60455 

0 County Division 

0 District 6 - Markham Richard J Daley Center 

16501 S Kedzie Pkwy 50 WWashington, Rm 1202 

Markham, IL 60428 Chicago, IL 60602 

0 Domestic Violence Court Hours: 8:30 am - 4:30 pm 

555 W Harrison 0 Probate Division 

Chicago, IL 60607 Richard J Daley Center 

0 Juvenile Center Building 50 W Washington, Rm 1202 

2245 W Ogden Ave, Rm 13 Chicago, IL 60602 

Chicago, IL 60602 Hours: 8:30 am - 4:30 pm 

0 Criminal Court Building 0 Law Division 

2650 S California Ave, Rm 526 Richard J Daley Center 

Chicago, IL 60608 50 W Washington, Rm 801 

Chicago, IL 60602 

Daley Center Divisions/Departments Hours: 8:30 am - 4:30 pm 

0 

K 

Civil Division 0 Traffic Division 

Richard J Daley Center Richard J Daley Center 

50 W Washington, Rm 601 50 W Washington, Lower Level 

Chicago, IL 60602 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm Hours: 8:30 am - 4:30 pm 

Chancery Division 

Richard J Daley Center 

50 W Washington, Rm 802 

Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 3 of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 22 of 57 PageID #:27
Exhibit 3

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 23 of 57 PageID #:28
~eturn Date: No return date scheduled 

!earing Date: 8/10/2020 10:00 AM - 10:00 AM 

:ourtroom Number: 2410 

.ocation: District 1 Court 

Cook County, IL 

·2120 - Served 

2220 - Not Served 

2320 - Served By Mail 

2121 - Served 

2221 - Not Served 

2321 - Served By Mail 

2421 - Served By Publication 

FILED 

4/10/2020 2:44 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2020CH03799 

9053212 

2420 - Ser"."ed By Publication 

Summons-Alias Summons (08/01/18) CCG 0001 A 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

AMBASSADOR ANIMAL HOSPJT AL. L TO 

(Name all parties) 

V. 

ELANCO ANIMAL HEALTH, INC & ELI LILY and 

COMPANY, INC 

2020CH03799 

Case No. 

~ SUMMONS O ALIAS SUMMONS 

To each Defendant: 

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of 

which is hereto attached, or otherwise file yow: appearance and pay the required fee within thirty 

(30) days ~fter service of this Summons, not counting the day of service. To file your answer or 

appearance you need access to the internet. Please visit wwwcookcountyclerkofcourt.o,;g to initiate 

this process. Kiosks with internet access are available at all Clerk's Office locations. Please refer to 

the last page of this document for location information. 

If you fail to do so, a judgment by default may be entered against you for the relief 

requested in the complaint. 

To the Officer: 

This Summons must be retw:ned by the officer or other person to whom it was given for service, 

with endorsement of service and fees, if any, immediately after service. If service cannot be made, 

this Summons shall be retw:ned so endorsed. This Summons may not be served later than thirty (30) 

days after its date. 

Please serve: 

Eli Lilly & Company 

c/o: National Registered Agents, Inc. 

208 S. La Salle St. Ste. 814 

Chicago, IL 60604 

Documents to be served along with this Summons: 

- Complaint with exhibits; 

- Civil Cover Sheet; 

- Document preservation letter; and 

- Plaintiff's Motion for Class Certification. 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page t of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 24 of 57 PageID #:29
Summons - Alias Summons (08/01/18) CCG 0001 B 

E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first 

create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/ service-providers.htm 

to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http:// 

www.illinoiscourts.gov/FAQ/ gethelp.asp, or talk with your local circuit clerk's office. 

Atty. No.: -"'44""5...,3....,3 ____ _ 

Atty Name: Bock, Hatch, Lewis & Oppenheim, LLC 

Atty. for: ---"P.,,la"'in,.,,t"'iff"---------------

Address: ~'=34~N~. =L=•=S=•l=le~S=tr=e=e=t.~S=u=it=e~I=OO=O~--

City: 

State: IL Zip: 60602 

Telephone: (312) 658-5500 

Primary Email: service@classlawyers.com 

Witness: 

4/10/2020 2:44 PM DOROTHY BROWN 

DOROTHY BROWN, Clerk of Court 

Date of S 

(To be in on copy left with 

Defendan ,_,,_.,.. ): 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 2 of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 25 of 57 PageID #:30
CLERK OF THE CIRCUIT COURT OF COOK COUNTY OFFICE LOCATIONS 

0 Richard J Daley Center 0 Domestic Relations Division 

50 W Washington Richard J Daley Center 

Chicago, IL 60602 50 W Washington, Rm 802 

0 District 2 - Skokie Chicago, IL 60602 

5600 Old Orchard Rd Hours: 8:30 am - 4:30 pm 

Skokie, IL 60077 0 Civil Appeals 

0 District 3 - Rolling Meadows Richard J Daley Center 

2121 Euclid 50 W Washington, Rm 801 

Rolling Meadows, IL 60008 Chicago, IL 60602 

0 District 4 - Maywood 

Hours: 8:30 am - 4:30 pm 

1500 Maybrook Ave 0 Criminal Department 

Maywood, IL 60153 Richard J Daley Center 

0 District 5 - Bridgeview 

50 WWashington, Rm 1006 

Chicago, IL 60602 

10220 S 76th Ave Hours: 8:30 am - 4:30 pm Bridgeview, IL 60455 

0 County Division 

0 District 6 - Markham Richard J Daley Center 

16501 S Kedzie Pkwy 50 W Washington, Rm 1202 

Markham, IL 60428 Chicago, IL 60602 

0 Domestic Violence Court Hours: 8:30 am - 4:30 pm 

555 W Harrison 0 Probate Division 

Chicago, IL 60607 Richard J Daley Center 

0 Juvenile Center Building 50 W Washington, Rm 1202 

2245 W Ogden Ave, Rm 13 Chicago, IL 60602 

Chicago, IL 60602 Hours: 8:30 am - 4:30 pm 

0 Criminal Court Building 0 Law Division 

2650 S California Ave, Rm 526 Richard J Daley Center 

Chicago, IL 60608 50 W Washington, Rm 801 

Chicago, IL 60602 

Daley Center Divisions/Departments Hours: 8:30 am - 4:30 pm 

0 

N 

Civil Division 0 Traffic Division 

Richard J Daley Center Richard J Daley Center 

50 W Washington, Rm 601 50 W Washington, Lower Level 

Chicago, IL 60602 Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm Hours: 8:30 am - 4:30 pm 

Chancery Division 

Richard J Daley Center 

50 W Washington, Rm 802 

Chicago, IL 60602 

Hours: 8:30 am - 4:30 pm 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 3 of 3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 26 of 57 PageID #:31
Exhibit 4

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 27 of 57 PageID #:32
~eturn Date: No return date scheduled 

!earing Date: 8/10/2020 10:00 AM - 10:00 AM 

;ourtroom Number: 2410 

.ocation: District 1 Court 

Cook County, IL 

Chancery Division Civil Cover Sheet 

General Chancery Section' 

FILED 

4/10/2020 2:44 PM 

DOROTHY BROWN 

CIRCUIT CLERK 

COOK COUNTY, IL 

2020CH03799 

9053212 

(02/19 /20) CCCH 0623 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

COUNTY DEPARTMENT, CHANCERY DIVISION 

AMBASSADOR ANIMAL HOSPITAL, LTD. 

Plaintiff 2020CH03799 V. Case No: _________ _ 

ELANCO ANIMAL HEALTH, INC & ELI LILY and COMPANY, INC. 

Defendant 

CHANCERY DIVISION CIVIL COVER SHEET 

GENERAL CHANCERY SECTION 

A Chancery Division Civil Cover Sheet - General Chancery Section shaU be filed with the initial complaint in all actions filed in the General 

Chancery Section of Chancery Division. The information contained herein is for administrative purposes only. Please check the box in 

front of the appropriate category which best characterizes your action being filed. 

Only pne (1) case type may be checked with this cover sheet. 

0005 0 Administrative Review 

0001 0 Class Action 

0002 0 Declaratory Judgment 

0004 0 Injunction 

0007 0 General Chancery 

0010 0 Accounting 

0011 0 Arbitration 

0012 0 Certiorari 

0013 0 Dissolution of Corporation 

0014 0 Dissolution of Partnership 

0015 0 Equitable Lien 

0016 0 Interpleader 

@ Atty. No.: _4~4=5=3~3 ___ _ 0 Pro Se 99 500 

Atty Name: Bock, Hatch, Lewis & Oppenheim, LLC 

A c Plaintiff tty. tor: ___________________ _ 

Address: 134 N. La Salle Street Suite I 000 

City: Chicago State: JL_ 

Zip: 60602 

Telephone: (312) 658-5500 

Primary Email: service@classlawyers.com 

0017 0 Mandamus 

0018 0 Ne Exeat 

0019 0 Partition 

0020 0 Quiet Title 

0021 0 Quo Warranto 

0022 0 Redemption Rights 

0023 0 Reformation of a Contract 

0024 D Rescission of a Contract 

0025 0 Specific Performance 

0026 0 Trust Construction 

0050 0 Internet Take Down Action (Compromising Images) 

0 Other (specify) ___________ _ 

Pro Se Only: 0 I have read and agree to the terms of the Clerk's 

Clerk's Office Electronic Notice Policy and 

choose to opt in to electronic notice from the 

Clerk's office for this case at this email address: 

Email: ____________________ _ 

Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois 

cookcountyclerkofcourt.org 

Page 1 of l 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 28 of 57 PageID #:33
Exhibit 5

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 29 of 57 PageID #:34
~eturn Date: No return date scheduled 

!earing Date: 7/6/2020 9:30 AM - 9:30 AM 

;ourtroom Number: 

FILED .ocation: 4/13/2020 3:03 PM 

IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS DOROTHY BROWN 

COUNTY DEPARTMENT CHANCERY DIVISION 'CIRCUIT CLERK 

• COOK COUNTY, IL 

AMBASSADOR ANIMAL HOSPITAL, LTD., ) 

individually and as the representatives of a ) 

class _of similarly-situated persons, ) 

Plaintiff, 

V. 

ELANCO ANIMAL HEALTH 

INCORPORATED and ELI LILLY AND 

COMPANY, 

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

No. 20-CH-3799 

MOTION FOR CLASS CERTIFICATION 

2020CH03799 

9067229 

Plaintiff, Ambassador Animal Hospital, Ltd., on behalf of itself and all others 

similarly situated, respectfully moves the Court pursuant to 735 ILCS 5/2·801, et 

seq., to certify a class in this case, offering the following in support thereof 

1. Plaintiff proposes the following class definition: 

All persons sent at least one telephone facsimile message (a "fax"): (1) 

on or after April 10, 2016; (2) from or on behalf of Elanco or Lilly; (3) 

inviting participation in an upcoming program; (4) without the fax 

recipient's prior express invitation or permission; and (5) without the 

clear and conspicuous opt·out notice required by 47 C.F.R. § 64.1200 (a) 

(4) (iii). 

Excluded from the proposed class are Defendants, any entity in which Defendants 

have a controlling interest, any officers or directors of Defendants, the legal 

representatives, heirs, successors, and assigns of Defendants, and any Judge 

assigned to this action, and his or her family. 

2. The class defined above is so numerous that joinder of all members is 

impracticable. 735 ILCS 5/2·801(1). A class action is appropriate when joinder is 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 30 of 57 PageID #:35
economically impracticable for both the litigants and the court. 735 ILCS 5/2-801(1); 

see also Steinberg v. Chicago Med. Sch., 69 Ill. 2d 320 (1977). When there is a large 

number of potential claimants, and the individual amount of each claim is relatively 

small, Illinois courts are particularly receptive to a class action. See Miner v. Gillette 

Co., 87 Ill. 2d 7 (1981). Although there is no "magic number" that always establishes 

whether a class is so numerous that individual joinder would be impracticable, 40 is 

typically treated as the threshold above which numerosity is presumed. See Wood 

River Area Devel. Corp. v. Germania Fed. Savings and Loan Assoc., 198 Ill. App. 3d 

445, 450 (5th Dist. 1990) ("Our research has supported this guideline."). Class-related 

discovery will provide the Court with the necessary details, but on information and 

belief the class in this case exceeds 40 members. 

3. There are questions of fact or law common to the class, which 

predominate over any question affecting only individual members. 735 ILCS 5/2-801 

(2). The case involves common fact questions about Defendants' practice of sending 

advertisements by facsimile and common legal questions under the federal Telephone 

Consumer Protection Act, 47 U.S.C. § 227, et seq. ("TCPA"), such as: 

a. Whether Defendants sent unsolicited advertisements by fax; 

b. Whether Defendants' faxes advertised the commercial availability or 

quality of any property, goods, or services; 

c. The manner and method Defendants used to compile or obtain the list(s) 

of fax numbers to which they sent advertisements by fax; 

2 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 31 of 57 PageID #:36
d. Whether Defendants faxed advertisements without first obtaining the 

recipients' express permission or invitation; 

e. Whether Defendants included clear and conspicuous opt-out notices on 

their faxed advertisements, including all content the TCPA requires; 

f. Whether each Defendant is directly or vicariously liable for violating the 

TCPA; 

g. Whether Plaintiff and the other class members are entitled to statutory 

damages; 

h. Whether Defendants should be enjoined from faxing advertisements in 

the future; 

1. Whether the Court should award trebled damages; and 

J. Whether Defendants' conduct constituted common law conversion. 

4. In P.J. '.s Concrete Pumping Serv., 345 Ill. App. 3d 992, 1003 (2d Dist. 

2004), the Appellate Court explained why certification is especially appropriate in a 

case involving uniform misconduct: 

The primary factual issue in this case is a uniform billing practice that 

allegedly violated the Consumer Fraud Act in the same manner as to all 

class members. The propriety of such a uniform practice is amenable to 

being resolved in a class action. Once the trial court finds that a 

predominating question of fact or law exists, the presence of individual 

questions does not necessarily defeat class certification. 

Id., citing Kennedy v. Commercial Carriers, Inc., 294 Ill. App. 3d 34, 39 (1st Dist. 

1997). Similarly, this case will focus squarely on Defendants' fax advertising 

campaigns. 

3 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 32 of 57 PageID #:37
5. Plaintiff and its counsel will adequately protect the interests of the class. 

735 ILCS 5/2-801 (3). The adequate representation requirement is designed to ensure 

' . that all class members will receive proper, efficient, and. apprqpriate protection of 

their interests in the presentation of the claims. See Gordon v. Boden, 224 Ill. App. 

3d 195, 203 (1st Dist. 1991). The adequacy ofrepresentaticin requirement is satisfied 

if Plaintiffs counsel are qualified, experienced, and generally able to conduct the 

proposed litigation and there are no antagonistic interests between the 

representative party and the class. See Carillo v. Jam Productions, Ltd., 108 Ill. App. 

3d 126 (1st Dist. 1982). Plaintiff has retained counsel experienced in class actions 

generally and the TCPA specifically. 

6. This class action is an appropriate method for the fair and efficient 

adjudication of the controversy. 735 ILCS 5/2-801 (4). Section 5/2-801 (4) requires 

that the "class action is an appropriate method for the fair and efficient adjudication 

of the controversy." 735 ILCS 5/2-801(4). When the first three statutory criteria are 

met, this "manifest[s] that the final requirement of the statute is fulfilled." Steinberg, 

69 Ill. 2d at 339. See also Barliant v. Follett Corp., 74 Ill. 2d 226, 239-40 (1978). As 

demonstrated above, the first three criteria are met in this action. 

7. Moreover, when determining whether a class action 1s appropriate, 

courts often consider whether the class action device can best secure economies of 

time, effort and expenses and promote uniformity of decision or accomplish other ends 

of equity and justice in the case under consideration. See, e.g.! Gordon, 224 Ill. App. 

3d at 203. Here, the individual class members suffered damages that, while 

4 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 33 of 57 PageID #:38
cognizable, are small in terms of their dollar value. Given the small amount of money 

at issue for each class member and the fact that proof of the class's claims will involve 

the same central issues, this single case-rather than hundreds of individual casesoffers the best (and perhaps only) means for litigating these claims against 

Defendants. 

WHEREFORE, Plaintiff prays that this Court enter an order pursuant to 735 

ILCS 512-801 certifying the class, appointing Plaintiff as the class representative, and 

appointing Plaintiffs attorneys as class counsel. 

Respectfully submitted, 

AMBASSADOR ANIMAL HOSPITAL, LTD., 

individually and as the representative of a class of 

similarly-situated persons, 

By: Isl Phillip A. Bock 

One of its attorneys 

Phillip A. Bock (ARDC #6224502) 

BOCK, HATCH, LEWIS & OPPENHEIM, LLC (#44533) 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Telephone: 312-658-5500 

Facsimile: 312-658-5555 

service@classlawyers.com 

CERTIFICATE OF SERVICE 

I hereby certify that I caused a true and correct copy of the foregoing Motion 

for Class Certification to be served on each Defendant with the Summons and Class 

Action Complaint. 

Isl Phillip A. Bock 

5 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 34 of 57 PageID #:39
~eturn Date: No return date scheduled 

!earing Date: 7/6/2020 9:30 AM - 9:30 AM 

FILED 

4/13/2020 3:18 PM 

IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS DOROTHY BROWN 

COUNTY DEPARTMENT CHANCERY DIVISION 'CIRCUIT CLERK ' COOK COUNTY, IL 

I 

AMBASSADOR ANIMAL HOSPITAL, LTD.; ) 

individually and as the representatives of a 

class of similarly-situated persons, 

Plaintiff, 

V. 

ELANCO ANIMAL HEALTH INC. and 

ELI LILLY AND COMPANY, 

Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

NOTICE OF MOTION 

No. 20-CH-3799 

Cal. 1 

CLASS ACTION 

9067489 

On July 6, 2020, or as soon thereafter as counsel may be heard, I shall appear 

before The Honorable Anna M. Loftus, or any Judge sitting in her stead, in Courtroom 

2410 of the Circuit Court of Cook County, located in the Daley Center at 50 W. 

Washington Street, and then and there present Plaintiffs Motion for Class 

Certification. 

Isl Phillip A. Bock 

Phillip A. Bock (ARDC #6224502) 

BOCK, HATCH, LEWIS & OPPENHEIM, LLC (#44533) 

134 N. La Salle St., Ste. 1000 

Chicago, IL 60602 

Telephone: 312-658-5500 

service@classlawyers.com 

CERTIFICATE OF SERVICE 

I hereby certify that I caused a true and correct copy of the foregoing Notice of 

Motion for Class Certification to be served on each Defendant with the Summons, 

Class Action Complaint, and Motion for Class Certification. 

Isl Phillip A. Bock 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 35 of 57 PageID #:40
Exhibit 6

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 36 of 57 PageID #:41
~eturn Date: No return date scheduled 

~earing Date: 8/10/2020 10:00 AM - 10:00 AM 

~ourtroom Number: 241 O . 

. ocation: District 1 Court FILED 

Cook County, IL 4/10/2020 2:44 PM 

BOCK~ HATCH~ LEWIS & OPPENHEIM~~t~R~tN 

COOK COUl(J'fY, IL 

134 North La Salle Street, Suite 1000 2020CH03799 

Chicago, IL 60602 

312-658-5500 (Phone) • 312-658-5555 (Fax) 

April 10, 2020 

VIA PROCESS SERVER 

Elanco Animal Health, Inc. 

c/o Corporation Service Co., Registered Agent 

135 N. Pennsylvania St. Ste. 1600 

Indianapolis, IN 46204 

9053212 

Re: Demand for Preservation of Tangible Documents and Electronically 

Stored Information in Ambassador Animal Hospital, Ltd v. Elanco 

Animal Health, Inc. and Eli Lilly & Co. 

Dear sir or madame: 

We represent Ambassador Animal Hospital, Ltd. ("Plaintiff') in the above 

mentioned case. Plaintiff alleges that Elanco Animal Health, LLC and Eli Lilly & Co. 

("Defendants") sent unsolicited advertisements by fax in violation of the TCP A. · 

We consider electronic data to be a valuable and irreplaceable source of 

discovery and evidence in this matter. The laws and rules prohibiting the destruction 

of evidence apply to electronic data with the same force as they apply to other kinds 

of evidence. 

Plaintiff hereby demands that you preserve all documents, tangible things and 

electronically stored information potentially relevant to the issues in this cause. As 

used in this document, "you" and "your" refers to Elanco Animal Health, Inc., its 

predecessors, successors, parents, subsidiaries, divisions or affiliates, and their 

respective officers, directors, agents, at~orneys, accountants, employees, partners or 

other persons occupying similar posit:1ons or performing similar functions. "Third 

parties," as used in this document, refer to anyone taking action on behalf of either 

Defendant and any employees or agents thereof. 

You should anticipate that much of the information subject to disclosure or 

responsive to discovery in this matter is stored on your current and former computer 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 37 of 57 PageID #:42
Elanco Animal Health, Inc. 

April 10, 2020 

Page 2 of 8 

systems and other media and devices (including personal digital assistants, voicemessaging systems, online repositories and cell phones). 

Electronically stored information ("ESI") should be afforded the broadest 

possible definition and includes (by way of example and not as an exclusive list) 

potentially relevant information electronically, magnetically or optically stored as: 

• Image and facsimile files (e.g., .pdf, .tiff, .jpg, .gif images); 

• Digital communications (e.g., e-mail, voicemail, instant 

messaging, text messages, and all social media content); 

• Word processed documents and drafts (e.g., using Word or 

WordPerfect or any other word processing system); 

• Spreadsheets and tables (e.g., Excel, Lotus 123, or any other 

co:i;n puter-generated worksheets); 

• Network access and server activity logs; 

• Databases (e.g., Access, Oracle, SQL Server data, SAP); 

• Contact and Relationship Management Data (e.g., Outlook, 

Salesforce, ACT!); 

• Calendar and Diary Application Data (e.g., Outlook, Yahoo, 

Google, blog tools); 

• Online Access Data (e.g., temporary internet files, history, 

cookies); 

• Presentations (e.g., PowerPoint, Corel Presentations) 

• Project management application data; and 

Back up and archival files (e.g., Zip, .GHO). 

ESI also includes information or data stored on proprietary software, 

databases or systems. 

ESI resides not only in areas of electronic, magnetic and optical storage media 

reasonably accessible to you, but also in areas you may deem not reasonably 

accessible. You are obliged to preserve potentially relevant evidence from both these 

sources of ESI, even if you do not anticipate producing such ESL 

The demand that you preserve both accessible and inaccessible ESI is 

reasonable and necessary. Pursuant to amendments to the Federal Rules of Civil 

Procedure that have been approved by the United States Supreme Court (eff. 

12/1/05), you must identify all sources of ESI you decline to produce and demonstrate 

to the court why such sources are not reasonably accessible. For good cause shown, · 

the court may then order production of the ESI, even if it finds that it is not 

reasonably accessible. Accordingly, even ESI that you deem reasonably inaccessible 

must be preserved in the interim so as not to deprive the Plaintiff of its right to secure 

the evidence or the Court of its right to adjudicate the issue. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 38 of 57 PageID #:43
Elanco Animal Health, Inc. 

April 10, 2020 

Page 3 of 8 

A. Preservation Requires Immediate Intervention 

You must act immediately to preserve potentially relevant ESI! including, 

without limitation, information with the earlier of a Created or Last Modified date on 

or after January 1, 2015 through the date of this demand and concerning: 

a. All electronic mail ("e-mail") and information about e-mail (including 

message contents, header information, and logs of e-mail systems 

usage) sent or received by Defendant, third parties, or anyone 

relating to Defendant or third parties; 

b. All other e-mail and information about e-mail (including message 

contents, header information, and logs of e-mail systems usage) 

containing information about Defendant or third parties or work 

performed for Defendant or third parties; 

c. All databases (including all records and field structural information 

in such databases) containing any reference to and/or information 

about Defendant or Defendant's intended fax recipients, or third 

parties or third-parties' intended fax recipients; 

d. All logs of faxing activity (including all reports indicating success or 

failure of attempted transmission) containing information about 

Defendant and/or Defendant's intended fax recipients, or third 

parties or third parties' intended fax recipients; 

e. All word processing files and file fragments containing information 

about Defendant or third parties; 

f. All electronic data files and file fragments created by application 

programs that process financial, accounting, and billing information 

related to Defendant or third parties; 

g. All files and file fragments containing information from electronic 

calendars and scheduling programs regarding Defendant and/or fax 

transmissions sent on behalf of Defendant, or third parties and/or fax 

transmissions sent on behalf of third parties; 

h. All electronic data files and file fragments created or used via 

electronic spreadsheet programs where such data files contain 

information about Defendant and/or Defendant's intended fax 

recipients, or third parties and/or third parties' intended fax 

recipients; including files and file fragments created by Defendant or 

third parties; 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 39 of 57 PageID #:44
Elanco Animal Health, Inc. 

April 10, 2020 

Page 4 of 8 

1. All other electronic data containing information about Defendant or 

third parties; and 

J. All e-mail from third party sources that may contain references or 

correspondence relating to Defendant or third parties. 

Adequate preservation of ESI requires more than simply refraining from 

efforts to destroy or dispose of such evidence. You must also intervene to prevent loss 

due to routine operations and employ proper techniques and protocols suited to 

protection of ESL Be advised that sources of ESI are altered and erased by continued 

use of your computers and other devices. Booting a drive, examining its contents or 

running any application will irretrievably alter the evidence it contains and may 

constitute unlawful spoliation of evidence. Consequently, alteration and erasure may 

result from your failure to act diligently and responsibly to prevent loss or corruption 

of ESL Nothing in this demand for preservation of ESI should be understood to 

diminish your concurrent obligation to preserve document, tangible things and other 

potentially relevant evidence. 

B. Suspension of Routine Destruction 

You are directed to immediately initiate a litigation hold for potentially 

relevant ESI, documents and tangible things, and to act diligently and in good faith 

to secure and audit compliance with such litigation hold. You are further directed to 

immediately identify and modify or suspend features of your information systems·and 

devices that, in routine operation, operate to cause the loss of potentially relevant 

ESL Examples of such features and operations include: 

• Purging the contents of e-mail repositories by age, capacity or other 

criteria; . , 

• Using data or media wiping, disposal, erasure or encryption utilities 

or devices; 

• Overwriting, erasing, destroying or discarding back up media; 

• Re-assigning, re-imaging or disposing of systems, servers, devices or 

media; 

• Running antivirus or other programs effecting wholesale metadata 

alteration; 

• Releasing or purging online storage repositories; 

• Using metadata stripper utilities; 

• Disabling server or IM logging; and, 

• Executing drive or file defragmentation or compression programs. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 40 of 57 PageID #:45
Elanco Animal Health, Inc. 

April 10, 2020 

Page 5 of 8 

C. Preservation by Imaging 

You should take affirmative steps to prevent anyone with access to your data, 

systems and archives from seeking to modify, destroy or hide electronic evidence on 

network or local hard drives (such as by deleting or overwriting files, using data 

shredding and overwriting applications, defragmentation, re-imaging or replacing 

drives, encryption, compression, steganography or the like). With respect to local hard 

drives, one way to protect existing data on local hard drives is by the creation and 

authentication of a forensically qualified image of all sectors of the drive. Such a 

forensically qualified duplicate may also be called a bitstream image or clone of the 

drive. Be advised that a conventional back up of a hard drive is not a forensically 

qualified image because it only captures active, unlocked data files and fails to 

preserve forensically significant data that may exist in such areas as unallocated 

space, slack space and the swap file. 

With respect to the hard drives and storage devices maintained offsite, 

including Cloud Based Data Storage, including any File Transfer Protocol Host 

Account or Server Storage, whether provided by a server owned or maintained by 

your subsidiaries, agents, and/or contractors, maintained by a company on behalf of 

you or shared by.you and Defendant or any third parties, demand is made that you 

preserve the ESI on those devices. 

With regard to all data storage for Defendant or any employee, subsidiary, 

contractor, or agent, stop any activity which my result in the loss of such electronic 

data, including the rotation, destruction, overwriting, and/or erasure of such media 

in whole or in part, unless a true and correct copy of each such electronic file has been 

made and steps have been taken to assure that such copy will be preserved and 

accessible for purposes of this litigation 

D. Preservation in Native Form 

You should anticipate that certain ESI, including but not limited to 

spreadsheets and databases, will be sought in the form or forms in which it is 

ordinarily maintained. Accordingly, you should preserve ESI in such native forms, 

and you should not select methods to preserve ESI that remove or degrade the ability 

to search your ESI by electronic means or make it difficult or burdensome to access 

or use the information efficiently in the litigation. You should additionally refrain 

from actions that shift ESI from reasonably accessible media and forms to less 

accessible media and forms if the effect of such actions is to make such ESI not 

reasonably accessible. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 41 of 57 PageID #:46
Elanco Animal Health, Inc. 

April 10, 2020 

Page 6 of 8 

E. Metadata 

You should further anticipate the need to disclose and produce system and 

application metadata and act to preserve it. System metadata is information 

describing the history and characteristics of other ESL This information is typically 

associated with tracking or managing an electronic file and often includes data 

reflecting a file's name, size, custodian, location and dates of creation and last 

modification or access. Application metadata is information automatically included 

or embedded in electronic files but which may not be apparent to a user, including 

deleted content, draft language, commentary, collaboration and distribution data and 

dates of creation and printing. Be advised that metadata may be overwritten or 

corrupted by careless handling or improper steps to preserve ESL For e-mail, 

metadata includes all header routing data and Base 64 encoded attachment data, in 

addition to the To, From, Subject, Received Date, CC and BCC fields. 

F. Servers 

With respect to servers like those used to manage e-mail (e.g., Microsoft 

Exchange, Lotus Domino) or network storage (often called a user's "network share"), 

the complete contents of each user's network share and e-mail account should be 

preserved. There are several ways to preserve the contents of a server depending 

upon, e.g., its RAID configuration and whether it can be downed or must be online 

24/7. Please call to discuss the sufficiency of preservation methods if you have 

questions. 

G. Ancillary Preservation 

You must preserve documents and other tangible items that may be required 

to access, interpret or search potentially relevant ESI, including programs, utilities, 

logs, control sheets, specifications, indices, naming protocols, file lists, network 

diagrams, flow charts, instruction sheets, data entry forms, abbreviation keys, user 

ID and password rosters, legacy or proprietary devices, or the like. 

H. Paper Preservation of ESI is Inadequate 

As hard copies do not preserve electronic searchability or metadata, they are 

not an adequate substitute for, or cumulative of, electronically stored versions. If 

information exists in both electronic and paper forms, you should preserve both 

forms. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 42 of 57 PageID #:47
Elanco Animal Health, Inc. 

April 10, 2020 

Page 7 of 8 

I. Agents, Attorneys and Third Parties 

Your preservation obligation extends beyond ESI in your care, possession or 

custody and includes ESI in the custody of others that is subject to your direction or 

control. Accordingly, you must notify any current or former agent, attorney, 

employee, custodian or contractor in possession of potentially relevant ESI to 

preserve such ESI to the full extent of your obligation to do so, and you must take 

reasonable steps to secure their compliance. 

J. Preservation Protocols 

We desire to work with you to agree upon an acceptable protocol for forensically 

sound preservation and can supply a suitable protocol, if you will furnish an inventory 

of the systems and media to be preserved. Else, if you will promptly disclose the 

preservation protocol you intend to employ, perhaps we can identify any points of 

disagreement and resolve them. A successful and compliant ESI preservation effort 

requires expertise. If you do not currently have such expertise at your disposal, we 

urge you to engage the services of an expert in electronic evidence and computer 

forensics. Perhaps our respective expert(s) can work cooperatively to secure a balance 

between evidence preservation and burden that's fair to both sides and acceptable to 

the Court. 

K. Do Not Delay Preservation 

I am available to discuss reasonable preservation steps; however, you should 

not defer preservation steps pending such discussions if ESI may be lost or corrupted 

as a consequence of delay. Should your failure to preserve potentially relevant 

evidence result in the corruption, loss or delay in production of evidence to which we 

are entitled, such failure would constitute spoliation of evidence, and we will not 

hesitate to seek sanctions. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 43 of 57 PageID #:48
Elanco Animal Health, Inc. 

April 10, 2020 

Page 8 of 8 

L. Confirmation of Compliance 

Please confirm that you have taken the steps outlined in this lett~r to preserve 

ESI and tangible documents potentially relevant to this action. If you have not 

undertaken the steps outlined above, or have taken other actions, please describe 

what you have done to preserve potentially relevant evidence. 

Respectfully, 

/s/ Jonathan Piper 

Jonathan Piper 

BOCK, HATCH, LEWIS & OPPENHEIM, LLC 

134 N. LaSalle St., Suite 1000 

, Chicago, IL 60602 

(312)658-5500 

jon@classlawyers.com 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 44 of 57 PageID #:49
Exhibit 7

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 45 of 57 PageID #:50
~eturn Date: No return date scheduled 

iearing Date: 8/10/2020 10:00 AM - 10:00 AM 

FILED ;ourtroom Number: 2410 

.ocation: District 1 Court 

Cook County IL . 4/10/2020 2:44 PM 

JBOCK, HATCH, LEWIS & OPPENHEIM~tJt~~~WN 

------------,---------------e,ot~:)t:tf,ITY, IL 

134 Nortp. La Salle Street, Suite 1000 

I Chicago, IL 60602 

312-658-5500 (Phone)• 312-658-5555 (Fax) 

April 10, 2020 

VIAPROCESSSERVER 

Eli Lilly & Co. 

c/o National Registered Agents, Inc., Registered Agent 

150 W. Market St. Ste. 800 

Indianapolis, IN 46204 

2020CH03799 

9053212 

Re: Demand for Preservation of Tangible Documents and Electronically 

\ Stored Information in Ambassador Animal Hospital, Ltd. v. Elllilco 

Animal Health, Inc. llild Eli Lilly & Co. 

Dear sir or madame: 

We represent Ambassador Animal Hospital, Ltd. ("Plaintiff') in the above 

mentioned case. Plaintiff alleges that Elanco Animal Health, LLC and Eli Lilly & Co. 

(''Defendants") sent unsolicited advertisements by fax in violation of the TCPA. 

We consider electronic data to be a valuable and irreplaceable source of 

discovery and evidence in this matter. The laws and rules prohibiting the destruction 

of evidence apply to electronic data with the same force as they apply to other kinds 

of evidence. 

Plaintiff hereby demands that you preserve all documents, tangible things and 

electronically stored information potentially relevant to the issues in this cause. As 

used in this document, "you" and "your" refers to Eli Lilly & Co., its predecessors, 

successors, parents, subsidiaries, divisions or affiliates, and their respective officers, 

directors, agents, attorneys, accountants, employees, partners or other persons 

occupying similar positions or performing similar functions. "Third parties," as used 

in this document, refer to anyone taking action on behalf of either Defendant and any 

employees or agents thereof. 

You should anticipate that much of the information subject to disclosure or 

responsive to discovery in this matter is stored on your current and former computer 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 46 of 57 PageID #:51
Eli Lilly & Co. 

April 10, 2020 

Page 2 of 8 

systems and other media and devices (including personal digital assistants, voice· 

messaging systeriis, online repositories and cell phones). 

! 

I 

Electronically stored information ("ESI") should be afforded the broadest 

possible definition and includes (by way of example and not as an exclusive list) 

potentially relevant information electronically, magnetically or optically stored as: 

Image and facsimile files (e.g., .pdf, .tiff, .jpg, .gif images); 

Digital communications (e.g., · e·mail, voicemail, instant 

messaging, text messages, and all social media content); 

Word processed documents and drafts (e.g., using Word or 

WordPerfect or any other word processing system); 

Spreadsheets and tables (e.g., Excel, Lotus 123, or any other 

computer-generated worksheets); 

Network access and server activity logs; 

Databases (e.g., Access, Oracle, SQL Server data, SAP); 

Contact and Relationship Management Data (e.g., Outlook, 

Salesforce, ACT!); 

Calendar and Diary Application Data (e.g., Outlook, Yahoo, 

Google, blog tools); 

Online Access Data (e.g., temporary internet files, history, 

cookies); 

Presentations (e.g., PowerPoint, Corel Presentations) 

Project management application data; and 

Back up and archival files (e.g., Zip, .GHO). 

ESI also includes information or data stored on proprietary software, 

databases or systems. 

ESI resides not only in areas of electronic, magnetic and optical storage media 

reasonably accessible to you, but also in areas you may deem not reasonably 

accessible. You are obliged to preserve potentially relevant evidence from both these 

sources of ESI, even if you do not anticipate producing such ESL 

The demand that you preserve both accessible and inaccessible ESI is 

reasonable and necessary. Pursuant to amendments to the Federal Rules of Civil 

Procedure that have been approved by the United States Supreme Court (eff. 

12/1/05), you must identify all sources of ESI you decline to produce and demonstrate 

to the court why such sources are not reasonably accessible. For good cause shown, 

the court may then order production of the ESI, even if it finds that it is not 

reasonably accessible. Accordingly, even ESI that you deem reasonably inaccessible 

must be preserved in the interim so as not to deprive the Plaintiff of its right to secure 

the evidence or the Court of its right to adjudicate the issue. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 47 of 57 PageID #:52
Eli Lilly & Co. 

April 10, 2020 

Page 3 of 8 

A Preservation Requires Immediate Intervention 

! You must act immediately to preserve potentially relevant ESI including, 

without limitation, information with the earlier of a Created or Last Modified date on 

or after January 1, 2015 through the date of this demand and concerning: 

a. All electronic mail ("e-mail") and information about e-mail (including 

message contents, header information, and logs of e-mail systems 

usage) sent or received by Defendant, ·third parties, or anyone 

relating to Defendant or third parties; 

b. All other e-mail and information about e-mail (including message 

contents, header information, and logs of e-mail systems usage) 

containing information about Defendant or third parties or work 

performed for Defendant or third parties; 

c. All databases (including all records and field structural information 

in such databases) containing any reference to and/or information 

about Defendant or Defendant's intended fax recipients, or third 

parties or third-parties' intended fax recipients; 

d. All logs of faxing activity (including all reports indicating success or 

failure of attempted transmission) containing information about 

Defendant and/or Defendant's intended fax recipients, or third 

parties or third parties' intended fax recipients; 

e. All word processing files and file fragments containing information 

about Defendant or third parties; 

f. All electronic data files and file fragments created by application 

programs that process financial, accounting, and billing information 

related to Defendant or third parties; 

g. All files and file fragments containing information from electronic 

calendars and scheduling programs regarding Defendant and/or fax 

transmissions sent on behalf of Defendant, or third parties and/or fax 

transmissions sent on behalf of third parties; 

h. All electronic data files and file fragments created or used via 

electronic spreadsheet programs where such data files contain 

information about Defendant and/or Defendant's intended fax 

recipients, or third parties and/or third parties' intended fax 

recipients; including files and file fragments created by Defendant or 

third parties; 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 48 of 57 PageID #:53
Eli Lilly & Co. 

April 10, 2020 

Page 4 of 8 

1. All other electronic data containing information about Defendant or 

third parties; and 

J. All e-mail from third party sources that may contain references or 

correspondence relating to Defendant or third parties. 

Adequate preservation of ESI requires more than simply refraining from 

efforts to destroy or dispose of such evidence. You must also intervene to prevent loss 

due to routine operations and employ proper techniques and protocols suited to 

protection of ESL Be advised that sources of ESI are altered and erased by continued 

use of your computers and other devices. Booting a drive, examining its contents or 

running any application will irretrievably alter the evidence it contains and may 

constitute unlawful spoliation of evidence. Consequently, alteration and erasure may 

result from your failure to act diligently and responsibly to prevent loss or corruption 

of ESL Nothing in this demand for preservation of ESI should be understood to 

diminish your concurrent obligation to preserve document, tangible things and other 

potentially relevant evidence. 

B. Suspension of Routine Destruction 

You are directed to immediately initiate a litigation hold for potentially 

relevant ESI, documents and tangible things, and to act diligently and in good faith 

to secure and audit compliance with such litigation hold. You are further directed to 

immediately identify and modify or suspend features of your information systems and 

devices that, in routine operation, operate to cause the loss of potentially relevant 

ESL Examples of such features and operations include: 

Purging the contents of e-mail repositories by age, capacity or other 

criteria; 

Using data or media wiping, disposal, erasure or encryption utilities 

or devices; 

Overwriting, erasing, destroying or discarding back up media; 

Re-assigning, re-imaging or disposing of systems, servers, devices or 

media; 

Running antivirus or other programs effecting wholesale metadata 

alteration; 

Releasing or purging online storage repositories; 

Using metadata stripper utilities; 

Disabling server or IM logging; and, 

Executing drive or file defragmentation or compression programs. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 49 of 57 PageID #:54
Eli Lilly & Co. 

April 10, 2020 

Page 5 of 8 

C. Preservation by Imaging 

You should take affirmative steps to prevent anyone with access to your data, 

systems and archives from seeking to modify, destroy or hide electronic evidence on 

network or local hard drives (such as by deleting or overwriting files, using data 

shredding and overwriting applications, defragmentation, re-imaging or replacing 

drives, encryption, compression, steganography or the like). With respect to local hard 

drives, one way to protect existing data on local hard drives is by the creation and 

authentication of a forensically qualified image of all sectors of the drive. Such a 

forensically qualified duplicate may also be called a bitstream image or clone of the 

drive. Be advised that a conventional back up of a hard drive is not a forensically 

qualified image because it only captures active, unlocked data files and fails to 

preserve forensically significant data that may exist in such areas as unallocated 

space, slack space and the swap file. 

With respect to the hard drives and storage devices maintained offsite, 

including Cloud Based Data Storage, including any File Transfer Protocol Host 

Account or Server Storage, whether provided by a server owned or maintained by 

your subsidiaries, agents, and/or contractors, maintained by a company on behalf of 

you or shared by you and Defendant or any third parties, demand is made that you 

preserve the ESI on those devices. 

With regard to all data storage for Defendant or any employee, subsidiary, 

contractor, or agent, stop any activity which my result in the loss of such electronic 

data, including the rotation, destruction, overwriting, and/or erasure of such media 

in whole or in part, unless a true and correct copy of each such electronic file has been 

made and steps have been taken to assure that such copy will be preserved and 

accessible for purposes of this litigation 

D. Preservation in Native Form 

You should anticipate that certain ESI, including but not limited to 

spreadsheets and databases, will be sought in the form or forms in which it is 

ordinarily maintained. Accordingly, you should preserve ESI in such native forms, 

and you should not select methods to preserve ESI that remove or degrade the ability 

to search your ESI by electronic means or make it difficult or burdensome to access 

or use the information efficiently in the litigation. You should additionally refrain 

from actions that shift ESI from reasonably accessible media and forms to less 

accessible media and forms if the effect of such actions is to make such ESI not 

reasonably accessible. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 50 of 57 PageID #:55
Eli Lilly & Co. 

April 10, 2020 

Page 6 of 8 

E. Meta data 

You should further anticipate the need to disclose and produce system and 

application metadata and act to preserve it. System metadata is information 

describing the history and characteristics of other ESL This information is typically 

associated with tracking or managing an electronic file and often includes data 

reflecting a file's name, size, custodian, location and dates of creation and last 

modification or access. Application metadata is information automatically included 

or embedded in electronic files but which may not be apparent to a user, including 

deleted content, draft language, commentary, collaboration and distribution data and 

dates of creation and printing. Be advised that metadata may be overwritten or 

corrupted by careless handling or improper steps to preserve ESL For e·mail, 

metadata includes all header routing data and Base 64 encoded attachment data, in 

addition to the To, From, Subject, Received Date, CC and BCC fields. 

F. Servers 

With respect to servers like those used to manage e·mail (e.g., Microsoft 

Exchange, Lotus Domino) or network storage (often called a user's "network share"), 

the complete contents of each user's network share and e·mail account should be 

preserved. There are several ways to preserve the contents of a server depending 

upon, e.g., its RAID configuration and whether it can be downed or must be online 

24/7. Please call to discuss the sufficiency of preservation methods if you have 

questions. 

G. Ancillary Preservation 

You must preserve documents and other tangible items that may be required 

to access, interpret or search potentially relevant ESI, including programs, utilities, 

logs, control sheets, specifications, indices, naming protocols, file lists, network 

diagrams, flow charts, instruction sheets, data entry forms, abbreviation keys, user 

ID and password rosters, legacy or proprietary devices, or the like. 

H. Paper Preservation of ESI is Inadequate 

As hard copies do not preserve electronic searchability or metadata, they are 

not an adequate substitute for, or cumulative of, electronically stored versions. If 

information exists in both electronic and paper forms, you should preserve both 

forms. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 51 of 57 PageID #:56
Eli Lilly & Co. 

April 10, 2020 

Page 7 of 8 

I. Agents, Attorneys and Third Parties 

Your preservation obligation extends beyond ESI in your care, possession or 

custody and includes ESI in the custody of others that is subject to your direction or 

control. Accordingly, you must notify any current or former agent, attorney, 

employee, custodian or contractor in possession of potentially relevant ESI to 

preserve such ESI to the full extent of your obligation to do so, and you must take 

reasonable steps to secure their compliance. 

J. Preservation Protocols 

We desire to work with you to agree upon an acceptable protocol for forensically 

sound preservation and can supply a suitable protocol, if you will furnish an inventory 

of the systems and media to be preserved. Else, if you will promptly disclose the 

preservation protocol you intend to employ, perhaps we can identify any points of 

disagreement and resolve them. A successful and compliant ESI preservation effort 

requires expertise. If you do not currently have such expertise at your disposal, we 

urge you to engage the services of an expert in electronic evidence and computer 

forensics. Perhaps our respective expert(s) can work cooperatively to secure a balance 

between evidence preservation and burden that's fair to both sides and acceptable to 

the Court. 

K. Do Not Delay Preservation 

I am available to discuss reasonable preservation steps; however, you should 

not defer preservation steps pending such discussions if ESI may be lost or corrupted 

as a consequence of delay. Should your failure to preserve potentially relevant 

evidence result in the corruption, loss or delay in production of evidence to which we 

are entitled, such failure would constitute spoliation of evidence, and we will not 

hesitate to seek sanctions. 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 52 of 57 PageID #:57
Eli Lilly & Co. 

April 10, 2020 

Page 8 of 8 

L. Confirmation of Compliance 

Please confirm that you have taken the steps outlined in this letter to preserve 

ESI and tangible documents potentially relevant to this action. If you have not 

undertaken the steps outlined above, or have taken other actions, please describe 

what you have done to preserve potentially relevant evidence. 

Respectfully, 

/s/ Jonathan Piper 

Jonathan Piper 

BOCK, HATCH, LEWIS & OPPENHEIM, LLC 

134 N. LaSalle St., Suite 1000 

Chicago, IL 60602 

(312)658·5500 

jon@classlawyers.com 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 53 of 57 PageID #:58
Exhibit 8

 

Case: 1:20-cv-02886 Document #: 1-1 Filed: 05/13/20 Page 54 of 57 PageID #:59
	

		

  



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