C.H. v. PLA-FIT FRANCHISE, LLC

Appeal No. 3-16-0378.

83 N.E.3d 633 (2017)

2017 IL App (3d) 160378

C.H., Plaintiff-Appellant, v. PLA-FIT FRANCHISE, LLC, a New Hampshire Limited Liability Company, and PF East Moline, LLC, an Illinois Limited Liability Company, d/b/a Planet Fitness, Defendants-Appellees. Kelly Otterness, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. Pla-Fit Franchise, LLC, a New Hampshire Limited Liability Company, and PF East Moline, LLC, an Illinois Limited Liability Company, d/b/a Planet Fitness, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing denied September 25, 2017.


Attorney(s) appearing for the Case

Mark F. Cyr , of Law Office of Mark F. Cyr, of Moline, and Michael J. Warner , of Warner & Zimmerle, of Rock Island, for appellants.

James R. Branit and Mitchell H. Frazen , of Litchfield Cavo, LLP, of Chicago, for appellee Pla-Fit Franchise, LLC.

Michael W. Donaubauer and Gary K. Moore , of Moore Strickland, of Chicago, for other appellee.


OPINION

¶ 1 Plaintiffs C.H. and Kelly Otterness were secretly videotaped in Planet Fitness's tanning rooms. Plaintiffs filed a second amended complaint against defendants Pla-Fit Franchise, LLC, and PF East Moline, LLC, alleging defendants' failure to ensure members...

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