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    Representing Cities

    Chicago Sues Westforth Sports for Illegal Gun Sales

    4.26.2021

      Everytown Law represents the City of Chicago in lawsuit against Indiana gun store tied to over 850 crime guns recovered by City.

      Chicago, IL – On April 26, 2021, the City of Chicago, represented by Everytown Law and Mayer Brown LLP, filed a lawsuit against Westforth Sports, Inc, alleging that Westforth’s sales practices contributed to a public nuisance in the City. The City alleges that Westforth is engaged in a pattern of negligently and unlawfully selling firearms to persons that it knows are engaged in straw purchasing and unlicensed dealing in firearms. This pattern of unlawful and negligent sales has created, exacerbated, and sustained a public nuisance that causes harm to the health, safety, and well-being of Chicago residents.

      Following jurisdictional discovery, the Circuit Court for Cook County, Illinois granted Westforth’s motion to dismiss for lack of personal jurisdiction with prejudice in May 2023.  The City then moved to modify this order to be without prejudice, and concurrently moved for leave to file an amended complaint.  Following oral argument, the Circuit Court granted the City’s motion in part but denied the City leave to file an amended complaint.  The City appealed this decision and the underlying dismissal of its complaint on October 18, 2023.

      In the interim, Westforth publicly announced in July 2023 that the store would be closing and liquidating its inventory. 

      Case Documents

      April 26, 2021 – ComplaintDownload
      August 16, 2021 – Defendant’s Motion to DismissDownload
      August 16, 2021 – Defendant’s Motion to Dismiss – Exhibits A1-8BDownload
      November 3, 2021 – Plaintiff’s Motion to Compel Production of DocumentsDownload
      November 3, 2021 – Plaintiff’s Motion to Compel Production of Documents – Exhibits A-EDownload
      November 19, 2021 – Defendant’s Opposition to Motion to Compel Production of DocumentsDownload
      November 19, 2021 – Defendant’s Opposition to Motion to Compel Production of Documents – Exhibit ADownload
      December 3, 2021 – Plaintiff’s Reply in Support of Motion to Compel Production of DocumentsDownload
      August 4, 2022 – Order on Motion to CompelDownload
      September 15, 2022 – Chicago’s Opposition Brief to Motion to DismissDownload
      September 15, 2022 Exhibit A – Miller AffidavitDownload
      September 15, 2022 – Exhibits A-1 – A-7Download
      September 15, 2022 – Exhibits A-8 – A-16Download
      September 15, 2022 – Exhibits A-17 – A-24Download
      September 15, 2022 – Exhibits A-25.1 – A-25.2Download
      September 15, 2022 – Exhibits A-25.3 – A-25.4Download
      September 15, 2022 – Exhibits A-25.5 – A-25.6Download
      September 15, 2022 – Exhibit B – Sgt. Nichols AffidavitDownload
      September 15, 2022 – Exhibit C – Lickenbrock AffidavitDownload
      September 15, 2022 – Exhibit D – Bisbee AffidavitDownload
      September 27, 2022 Everytown Law Letter to the ATFDownload
      September 27, 2022 – Chicago’s Motion to Supplement Motion to Dismiss RecordDownload
      October 31, 2022- Defendant’s Reply Memorandum in Support of its Section 2-619 Motion to Dismiss for Lack of Personal JurisdictionDownload
      February 13, 2023 – Transcript of Motion to Dismiss Oral ArgumentDownload
      May 25, 2023 – Memorandum Opinion and Order Granting Motion to DismissDownload
      June 23, 2023 – Plaintiff’s Motion to Modify the May 25, 2023 Order and for Leave to File an Amended ComplaintDownload
      June 23, 2023 – Exhibit A to Proposed Amended ComplaintDownload
      July 24, 2023 – Westforth’s Response in Opposition to the City’s Motion to Modify the Court’s May 25, 2023 Order and for Leave to File an Amended ComplaintDownload
      August 7, 2023 – Plaintiff’s Reply in Support of its Motion to Modify the May 25, 2023 Order and for Leave to File an Amended Complaint Download
      September 28, 2023 – Hearing TranscriptDownload
      September 29, 2023 – Order on Motion to Modify and for Leave to AmendDownload
      October 18, 2023 – Notice of AppealDownload

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      Did you know?

      30 percent of guns recovered by ATF in California have no serial number on them, making it impossible for law enforcement to trace.

      Stephens A. “Ghost Guns Are Everywhere in California”. The Trace. (2019). https://bit.ly/2DKkIlt