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Judge Kelley grants motion to quash and portion of motion to dismiss in former NFL player’s suit alleging fraud

By Heather Isringhausen Gvillo | Nov 17, 2015

After granting several Scott Credit Union officers’ motion to quash and portions of the bank’s motion to dismiss a former St. Louis Cardinals football player’s suit alleging consumer fraud, St. Clair County Associate Judge Randall Kelley provided the plaintiffs time to amend their complaint.

On Nov. 5, Kelley ordered plaintiffs Dave Butz and Eugene Schill to file an amended complaint by Dec. 3. The defendants were ordered to respond by Dec. 31.

He scheduled a status hearing for Jan. 19 at 8:30 a.m.

Butz, who played as a defensive lineman for the Cardinals for two seasons and for the Washington Redskins for 14, and Schill of St. Louis filed the lawsuit on April 22.

The suit names Scott Credit Union; Ted Longust, individually and as director of Scott Credit Union’s board of directors; Frank Padak, Chris Browner, Steve Stryker, Adam Koisher, Sridhar Kondapalli, Brian Waldron, Marna Asbury, Janice Pyszka, Scott Peters, Dale Beard and Craig Burkhard as defendants.

According to the complaint, Scott Credit Union is accused of removing currency and opening unsecured lines of credit from the plaintiffs’ accounts, leaving them on the hook for millions in past due accounts.

The plaintiffs claim the defendants falsified documents, forged signatures, attempted to collect millions from past due accounts that were unauthorized and unsupported. Butz and Schill also claim the defendants willfully used their names to extend commercial lines of credit to fictitious or random companies unrelated to the plaintiffs.

Butz and Schill say they endured obstacles in their ability to legitimately borrow money, start new business ventures and uphold their professional reputations. They claim they are now personal guarantors for millions of dollars in fraudulent lines of credit that are now in arrears. They further claim violations of the Illinois Credit Union Act and breach of fiduciary duty.

Padak, Browner, Stryker, Koisher, Kondapalli, Waldron, Asbury, Pyszka, Peters, Beard and Burkhard filed their motion to quash service of summons on July 17 through attorney James R. Branit of Litchfield Cavo LLP in Chicago.

The defendants claim the plaintiffs attempted to serve summons on them by delivering them to the law office of Michael Forster on April 23, rather than attempting to personally serve the summons, the motion states.

Kelley granted the defendants’ motion to quash service summons on Aug. 19.

As for Scott Credit Union’s motion to dismiss, Kelley dismissed Counts II, VII, VIII and IX. He also ordered the plaintiffs to re-plead Count III to identify which statute was allegedly breached.

However, he denied the defendant’s argument that the complaint lacks sufficient facts as to damages and denied the Moorman/Economic Loss Doctrine argument. He took the defendant’s Consumer Fraud Act arguments under advisement.

The plaintiffs seek injunctive action to remove officers alleged to have made infringements, along with damages in excess of $50,000, plus attorney fees and costs.

Butz and Schill are represented by Grey Chatham Jr. of Chatham & Bericevic in Belleville.

St. Clair County Circuit Court case number 15-L-234

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