IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT LAW DIVISION

Christopher Stoer !
!
P"i#ti$$s, !
! No% &'() CH'*+,-
! .Tr"#s$erre/ $ro0 Ch"#1er2
! to L"3!
! 45/6e M17r"th
M"r8 Stoer, i#/i9i/5"2 "#/ /:" ! Roo0 (-'+
Ste"th C5es !
De$1o# I#/5stries, LLC !
(LIMITED LIABILITY COMPANY ARIZONA) !
A#/re3 H"2s,i#/i9i/5"2, ! D"te; No9% ((, &'()
A#to#i" H"2s, i#/i9i/5"2, !
S"r"h <518, i#/i9i/5"2% !
H"2s Fir0 LLC !
4oh# Does ( thr5 (' et "
De$e#/"#ts
NOTICE OF MOTION

TO; Hays Firm
Andrew Hays
55 West Wacker
Suite 1400
Chicago, IL 001
!1"#"#"5!$

%L&AS& 'A(& )*'IC& that there was +i,ed with the C,erk o+ the Court o+ I,,inois, to each -arty
,isted a.o/e .y de-ositing same in the 01S1 2ai,, -ro-er -ostage -re#-aid at Chicago, I,,inois on the
14
th
day o+ *cto.er, "014, the attached Motio# $or Dis=5"i$i1"tio# which is set +or hearing on
)o/em.er 11, "014 3400am .e+ore 5udge 2c6rath 7oom 130$
Ser/ice o+ this document is .eing made .y de-ositing it in an en/e,o-e addressed to the
-erson8s9 a.o/e shown, with -ro-er -ostage -re-aid, and de-ositing the en/e,o-e in the 01S1 2ai, at
Chicago, I,,inois on *cto.er 14, "0141

Phillip M. Kiss 54709
Attorney for Plaintif
5"50 6rand A/e :14#40;
6urnee, I,,inois 00!1
815 385-4410
1
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT LAW DIVISION
Christopher Stoer !
!
P"i#ti$$s, !
! No% &'() CH'*+,-
! .Tr"#s$erre/ $ro0 Ch"#1er2
! to L"3!
! 45/6e M17r"th
M"r8 Stoer, i#/i9i/5"2 "#/ /:" ! Roo0 (-'+
Ste"th C5es !
De$1o# I#/5stries, LLC !
(LIMITED LIABILITY COMPANY ARIZONA) !
A#/re3 H"2s,i#/i9i/5"2, ! D"te No9%(), &'()
! -;''"0
A#to#i" H"2s, i#/i9i/5"2, !
S"r"h <518, i#/i9i/5"2% !
H"2s Fir0 LLC !
4oh# Does ( thr5 (' et "
De$e#/"#ts
MOTION TO DIS>UALIFY DEFENDANTS? COUNSEL
)*W C*2& the %,ainti++s, Christo-her Sto,,er 5 8Sto,,er9, .y and through his
attorney, and mo/e to dis<ua,i+y the law firm which represents Mark Stoller, Hays Firm LLC, a
Chicago law firm located at 55 W. Wacker Drie, !"
th
Floor, Chicago, #llinois $%$%!, &ttorneys
Andrew Hays, indi/idua,,y, Antonia Hays Indi/idua,,y and Sarah =uck, indi/idua,,y and states as
+o,,ows1
"
11 'he initia, action was >ust +i,ed on A-ri, "1, "014 against the de+endants +or +raudu,ent
misre-resentation, Con/ersion, +raud, intentiona, in+,icted o+ emotiona, stress, re,ated
c,aims arising +rom a +ami,y re,ationshi- .etween Christo-her Sto,,er 5, and his son
2ark Sto,,er 4!1 =y this action, Christo-her Sto,,er seeks, inter a,ia, com-ensatory
damages, -uniti/e damages, and and attorney?s +ees and costs1
"1 *n 5u,y $, "014, %,ainti++ amended its com-,aint 8E@hi:it (9 adding a the law firm
which represents Mark Stoller, Hays Firm LLC, a Chicago law firm located at 55
W. Wacker Drie, !"
th
Floor, Chicago, #llinois $%$%!, &ttorneys Andrew Hays,
indi/idua,,y, Antonia Hays Indi/idua,,y and Sarah =uck, indi/idua,,y1 AS F*7 A
&I6H' CA0S& *F AC'I*) 8Aiding and a.etting and cons-iracy )
1

3. The allegations in Paragraphs 1 through 63 above are incorporated by reference in this Count
Six fully restated herein.
. !ar" Stoller 3# o$ed a duty to his father# the Plaintiff# Christopher Stoller not to defraud hi%.
51 The &ays 'a$ fir%# (ndre$ &ays# (ntonia &ays and Sarah )uc" $ere a$are if the duty that
!ar" Stoller 3 o$ed to his disabled father# Christopher Stoller 6*# not to defraud hi% out of his
entire retire%ent funds of +6,#--- for all of the reasons previously stated herein.
1Aiding and abetting and conspiracy claims fnd their roots in criminal law. In the
civil context, they lead to liability for those who help other actors or a main actor
(usually for lawyers it is the client) to commit some tort against a third party. In
practice, this often involves a claim that the lawyer helped the client either
commit a fraud on a third party or breach some duty (usually a fduciary duty) to a
third party. hen brought against lawyers, these in!concert liability claims, in
most "urisdictions, involve the following elements# (1) a duty owed by the client to
a third party$ (%) that the lawyer is aware of the duty owed by the client to the
third party$ (&) that the client breaches that duty and'or commits a tort against
that third party$ (() that the lawyer is aware of the breach and'or tort committed
by the client$ ()) that the lawyer assists the client in committing the tort and'or
breach$ and (*) that the third party su+ers some
damage. Thornwood v. Jenner & Block, &(( ,.-.%d 1) (Ill.App.%..&
!
6. &ays 'a$ fir%# (ndre$ &ays# (ntonia &ays and Sarah )uc" "ne$ or should have "no$n
that their client !ar" Stoller breached that duty and.or co%%itted a tort against his father# the
Plaintiff.
,. &ays 'a$ fir%# (ndre$ &ays# (ntonia &ays and Sarah )uc" $ere and are a$are of breech
and.or of the tort !ar" co%%itted against his father the plaintiff.
;1 &ays 'a$ fir%# (ndre$ &ays# (ntonia &ays and Sarah )uc" have assisted their client !ar"
Stoller in co%%itting the tort and or breech and have conspired $ith hi%
/
.
3
0. The Plaintiff Christopher Stoller has suffered da%ages.1
1-. (fter (ttorney (ndre$ &ays and his fir% $as added to the a%ended co%plaint# Sara )uc"
$rote a letter to Plaintiff2s counsel threatening to file a !otion for 3ule 13, Sanctions unless#
!s. &ays and his la$ fir% $ere re%oved fro% the co%plaint.
111 %,ainti++ mo/es to dis<ua,i+y (ttorney (ndre$ &ays and his fir% -ursuant to 7u,e !1$ o+ the
I,,inois 7u,es o+ %ro+essiona, Conduct o+ "010 8e++1 5an1 1, "0109, which -ro/ides that an
attorney sha,, not act as an ad/ocate at tria, in which the attorney is ,ike,y to .e a necessary
witness1 In addition %,ainti++ mo/es to dis<ua,i+y (ttorney (ndre$ &ays and his fir% on the
grounds that he is a,,eged to ha/e aided and a.etting the @e+endant, the 4! year o,d son o+ the
" CIAIL C*)S%I7ACB A)@ C*)C&7' *F AC'I*)
Concert o+ action eCists when two or more -ersons -er+orm wrong+u, acts
-ursuant to a common design or one -erson gi/es su.stantia, assistance to another
knowing that the others conduct constitutes a .reach o+ ,ega, duty1 Ci/i, cons-iracy
in/o,/es two or more -ersons who com.ine +or the -ur-ose o+ accom-,ishing, .y their
concerted action, either a ,aw+u, -ur-ose .y un,aw+u, means or an un,aw+u, -ur-ose .y
,aw+u, means1 Smith /1 &,i Li,,y D Co1, 1!$ I,,1 "d """ 813309E Aance /1 Chand,er, "!1 I,,1
A--1 !d $4$ 8133"91
A cons-irator need not -artici-ate in a,, acti/ities o+ a cons-iracy, nor .ecome a
mem.er at its ince-tion1 It is on,y necessary that he knowing,y contri.ute his e++orts in
+urtherance o+ it1
! Admissions were ser/ed u-on the Law +irm o+ Hays1 'hey +ai,ed to res-ond within the "; days and
a,, o+ the admissions are deemed admited inc,uding admission ADMISSION NO% (+
FAdmit that 2ark Sto,,er has cons-ired with his attorney 8 Andrew Hays, Antonia Hays and Sarah
=uck, to de+raud his +ather out o+ G*+,''' F See attached true and correct co-y o+ the admissions
and -roo+ o+ ser/ice on the Hays Law Law Firm 7ro5p E@hi:it &%
4
%,ainti++ to de+raud the +ather out o+ G$,0001
1"1 Thus# the 4efendants2 attorneys are barred fro% representing the 4efendant on the grounds
that they are all $itnesses and have an un$aveable conflict of interest no$ in defending !ar"
Stoller. (34C 3ule5s) 1., or 3ule 1.0.
13. (long $ith this !otion to 4is6ualify# notices of depositions have been served upon these fact
$itnesses# &ays 'a$ fir%# (ndre$ &ays# (ntonia &ays and Sarah )uc".
141 'his 2otions to dis<ua,i+y an attorney was made with reasona.,e -rom-tness a+ter the %,ainti++
-arty disco/ered the .asis +or the +i,ing o+ the motion1 In re Estate of Klehm, !! I,,1 A--1 !@
!$!, !$$ 5/--6).
151 Co%bining the roles of advocate and $itness can pre7udice the tribunal and the opposing
party and can also involve a conflict of interest bet$een the la$yer and client.
WHEREFORE, Plaintiff prays that this court dis6ualify &ays 'a$ fir%# (ndre$ &ays# (ntonia
&ays and Sarah )uc"

Phillip M. Kiss 54709
Attorney for Plaintif
5"50 6rand A/e :14#40;
6urnee, I,,inois 00!1
815 385-4410

VERIFICATION
0nder -ena,ties as -ro/ided .y ,aw under Section 1#103 o+ the Code o+ Ci/i, %rocedure, the
undersigned certi+ies that the statements set +orth in this instrument are true and correct eCce-t as to
5
matters therein stated to .e on in+ormation and .e,ie+, and as much matters, the undersigned certi+ies as
a+oresaid that I /eri+y .e,ie/e the same to .e true, and the attached documents are true and correct
co-ies o+ the origina,s1

Christopher Stoer
&HHI=I' 1

67*0% &HHI=I' "
$