The owners of a Chicago assisted living and memory care community are seeking a gag order on a former resident’s public guardian, saying his “inflammatory comments” could taint a jury pool in a lawsuit against the operator.
Charles P. Golbert, the Cook County public guardian of 99-year-old Grace Watanabe, filed a lawsuit in 2019 against the owners of Symphony Residences of Lincoln Park seeking monetary damages over the alleged theft of more than $700,000 form Watanabe when she was a resident. The suit alleges that the funds were taken over an 18-month period after employees added their names to her bank accounts, acquiring ATM and debit cards, using Watanabe’s Zelle account to transfer money to themselves using her checkbook.
Golbert took emergency custody of Watanabe, who has dementia, and removed her from the community in 2018 after the alleged theft. Watanabe has no living relatives.
The stolen money was allegedly taken through forged checks and by using her ATM card to buy jewelry, travel, ride-hailing services and fast food. The suit alleges executives were aware of the theft but failed to report it to law enforcement. Golbert has accused the operator of attempting to delay litigation in news reports.
Symphony contends that Golbert’s accusations are “far from complete, accurate, and fair, as they omit, among other things, that settlement discussions have been ongoing since before the suit was filed,” according to an article in the Chicago Sun Times. Symphony also contends that it has received “a number of negative reviews and comments” on social media following a Sun Times article with Golbert’s accusations.
A spokeswoman for Symphony told the Times: “Our motion seeks to ensure that this matter is decided in a court of law, not in the court of public opinion as false and inflammatory comments intending to eliminate any possibility of impartiality in this case have been issued regularly. This motion is simply seeking to redirect these assertions to the appropriate venue.”
In a response filed with the court, Golbert stated that Symphony executive were trying to “unconstitutionally silence him from shining light on the neglect and financial abuse.”
