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Monday, September 07, 2015

Riot Fest Shares Emails Detailing St. Anthony’s Threat to Sue if Not Paid More Than $150,000 Less Than Ten Days Before the Event

Less than ten days before Riot Fest was set to raise its flag over Chicago for a weekend of heavy hitting rock, one of the neighboring hospitals (Saint Anthony) began to object to the festival and from the sound of it, is seeking a payout of $154,000 to hold the festival. You can read about the initial complaint here, but what's most interesting are the emails that the official Riot Fest PR team have released which came from Saint Anthony's Hospital this past week. 


Chicago, IL -- Today Riot Fest shared the two emails – see end of press release - sent by St Anthony’s lawyers demanding Riot Fest pay them $154,000 or, get sued. “If these were critical concerns, why did St. Anthony’s not mention them in the multiple meetings we have had since June but instead waited until less than ten days before the event to make the demand $154,000,” said Mike Petryshyn, co-founder of Riot Fest.

Since June, Riot Fest has had numerous meetings with St. Anthony’s leaders including the CEO and other top-level officials. Riot Fest did 100% of what St. Anthony’s asked for and was surprised that less ten days before the festival is scheduled to begin they demanded to be paid $154,000 or get sued.  Fifty four thousand, St. Anthony said, was for their lawyers at McGuireWoods.

Riot Fest has worked with the Chicago Park District, Chicago Police Department, Chicago Fire Department, CTA, Office of Emergency Management and Communications, including many others, to ensure that the city was satisfied with how Riot Fest plans to operate.  Subsequently the City of Chicago issued all necessary permits.

Email #1

---------- Forwarded message ----------
From: Brooks, Edwin E. <EBrooks@mcguirewoods.com>
Date: Thu, Sep 3, 2015 at 1:46 PM
Subject: Riot
Cc: "Pivnick, David J." <DPivnick@mcguirewoods.com>, "Barnett, Brett W." <BBarnett@mcguirewoods.com>


Would one of you guys give me a call.  I need to get an agreement today on our settlement proposal or we file the complaint and motion. 

Edwin E. Brooks
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
312.849.3060 (Direct Line)


Email #2

From: Homero Tristan <htristanlaw@gmail.com>
Date: September 6, 2015 at 9:53:10 PM CDT
To: Michael Petryshyn <riotmike@riotfest.org>, Sean McKeough <sean@cobraproductions.com>,  "Chris Mather (Purple Strategies)" <Chris.Mather@purplestrategies.com>
Subject: Fwd: Confidential Settlement Proposal from Saint Anthony


---------- Forwarded message ----------
From: Pivnick, David J. <DPivnick@mcguirewoods.com>
Date: Wed, Sep 2, 2015 at 3:52 PM
Subject: RE: Confidential Settlement Proposal from Saint Anthony
Cc: Pedro Cervantes <pcervantes@tristancervantes.com>, Emily Jenkinson <ejenkinson@tristancervantes.com>, "Brooks, Edwin E." <EBrooks@mcguirewoods.com>, "Barnett, Brett W." <BBarnett@mcguirewoods.com>, "Hamilton, Steven D." <SHamilton@mcguirewoods.com>


Homero,

Based on Saint Anthony’s review, there was a small tweak in the number for costs.  That number is actually $99,211.13 (instead of the $98,246.27 noted below).

Sincerely,

David



From: Pivnick, David J.
Sent: Wednesday, September 02, 2015 3:39 PM
To: 'Homero Tristan'; 'htristanlaw@gmail.com'
Cc: 'Pedro Cervantes'; 'Emily Jenkinson'; Brooks, Edwin E.; Barnett, Brett W.; Hamilton, Steven D.
Subject: Confidential Settlement Proposal from Saint Anthony

Homero,

This email confirms our discussion this morning.  This proposal is submitted pursuant to Federal Rule of Evidence 408 and Illinois Rule of Evidence 408.  Saint Anthony is willing to refrain from filing its motion for TRO or taking legal action to prevent Riot Fest from occurring in 2015 if the following conditions are satisfied:

·         Riot Fest agrees to pay Saint Anthony’s expenses that are incurred as a result of Riot Fest occurring in Douglas Park, including but not limited to costs for additional security, staff, equipment and supplies.  These costs are estimated to be $98,246.27.  Saint Anthony is still reviewing its figures on this front and this number may be subject to some change.  Saint Anthony will provide support for the numbers. 
·         Riot Fest agrees to use the revised plot layout (as presented at the OEMC meeting) and to not include any entrances or exits on 19th Street.
·         Riot Fest agrees to take steps to ensure that the intersections at 19th and California and 19th and Sacramento are not impeded during the festival and that neither 19th Street nor California will be closed during the festival.
·         Riot Fest agrees to pay Saint Anthony’s legal fees and expert expenses in connection with this dispute, which are approximately $54,674.00.

Per our discussion, Saint Anthony needs to know Riot Fest’s position on this proposal by the end of the day.

Sincerely,

David J. Pivnick
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
312.750.3585 (Direct Line)
312.698.4539 (Direct FAX)
dpivnick@mcguirewoods.com
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