The cleats? I'm sure that was a total honest mistake. When you work for Performance, the last thing on your mind is, "How can I make my employer more money? Steal some cleats and sell them to another sucker.... BWAHAHAHAHAHA!" So let that one go.
The platforms on the pedals are for test rides. It should be law to remove those before leaving a shop. Ever had a pedal platform break beneath your feet? Oh the joy!
Bottom line... quit trying to sue your bike shop. I hate Performance too, but jesus. You're insane.