A Cook County judge declined to hear complaints against the landlord of Boystown mainstay Cocktail after the landlord seized the bar's property, effectively shuttering the business.
Judge Peter Flynn told attorneys for With a Stick, Inc., the company that operates Cocktail, Jan. 31 that he had no power to interfere with landlord Robert Brumbaugh's seizure of property for back rent owed.
Brumbaugh seized Cocktail's property earlier this month in an uncommon legal maneuver intended to offset the cost of rent he says the bar owes him. Brumbaugh totals that cost at more than $85,000.
Jacob Meister, an attorney for Cocktail, has said that number is disputed and that he believes Brumbaugh owes Cocktail money for interfering with the bar's ability to make money.
Cocktail is currently suing Brumbaugh, its management company and two former employees for an alleged conspiracy to destroy the business. The suit alleges that Brumbaugh conspired to ruin the bar's business relationships and good name.
Brumbaugh is trying to evict Cocktail owners John "Geno" Zaharakis and Dustin Hoffman over unpaid rent.
The group was due in court Jan. 31 to discuss both cases.
Meister and attorney Jay Paul Deratany reported to Flynn that Brumbaugh had confiscated Cocktail's property, including a computer with private attorney/ client information. Deratany further alleged that Brumbaugh had urinated on the floor of the business.
"Call the police," Flynn interrupted. "I'm not going to go live out there."
Cocktail has yet to file a complaint on the property seizure, Flynn noted, making it impossible for him to hear evidence, let alone rule. But, he added, he would not entertain another complaint tacked onto the case.
"I am not going to be the mommy of this mess," Flynn said.
Flynn suggested that repeated court motions filed in the case were bordering on harassment, and he warned attorneys against delaying the case further.
Cocktail and Brumbaugh have been in court for several months.
Another judge had suggested that Cocktail's lawsuit against Brumbaugh be consolidated with Brumbaugh's eviction case against Cocktail. But Flynn declined to hear the eviction cause, stating that the two cases were different matters.
Nicole Strickler, Brumbaugh's attorney, alleged that Cocktail owners have been turning the bar's heat off, leaving the pipes exposed to extreme cold.
Flynn declined to hear that complaint as well.
Deratany said his clients are open to a settlement with Brumbaugh and David Sikora, who is also named in the suit. They want Brumbaugh's attorney to stop representing Sikora, claiming that the link between the two defendants is impeding their ability to settle with Sikora.
Deratany said Zaharakis and Hoffman want to move on from the case.
"They are willing to give up Cocktail," he said.
Brumbaugh said he is willing to settle on the eviction case alone. He declined to comment further on the lawsuit against him.
"We have made and negotiated numerous settlements for repossession of the property," he said.
The group is due back in court March 15.