IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

CHRISTOPHER N. STOLLER, as
Special Administrator of the Estate
of BERNICE STOLLER, Deceased,
Plaintiff,
v.
PREMIER CAPITAL, LLC;
STEVEN B. ADAMS;
RICHARD J. TARULIS, DAVID G.
WENTZ, and DAVID N.
SCHAFFER, Individually, and d/b/a
BROOKS, ADAMS & TARULIS;
and TIMOTHY J. HOPPA,
Defendants.

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No. 09 L 6356
9:30am
January 5, 2015

NOTICE OF EMEGRENCY MOTION

TO:

Michael Corsi
Douglas Tibble
Alex Memmen
Konicek & Dillon
Brooks, Tarulis
Memmen Law Firm
21 W. State St.
101 N. Washington St. 505 N. Lasalle St 5th Floor
Geneva, Illinois 60134 Naperville, Il. 60540 Chicago, Il. 60654

PLEASE TAKE NOTICE that on the 5th day of January, 2015, at 9:30a .m., the
Plaintiff shall appear before the Circuit Court of Cook County, Judge Flannagan,
Courtroom 2210, at the Richard Daley Center, 55 W. Washington, Chicago, IL 60602,
and then and there present the attached 1) EMERGENCY MOTION
Service of this document is being made by depositing it in an envelope addressed
to the person(s) above shown, with proper postage prepaid, and depositing the envelope
in the U.S. Mail at Chicago, Illinois on December 31, 2014.

99500

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION
CHRISTOPHER N. STOLLER, as
Special Administrator of the Estate
of BERNICE STOLLER, Deceased,
Plaintiff,
v.
PREMIER CAPITAL, LLC;
STEVEN B. ADAMS;
RICHARD J. TARULIS, DAVID G.
WENTZ, and DAVID N.
SCHAFFER, Individually, and d/b/a
BROOKS, ADAMS & TARULIS;
and TIMOTHY J. HOPPA,
Defendants.

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No. 09 L 6356

EMERGENCY MOTION
NOW COMES the Plaintiff and moves this court to Order Plaintiff's former
attorney Alexander Memmen, who has abruptly resigned from the case, on December 16,
2014, to turn over the case file to the Plaintiff and states as follows:
This motion is an emergency because the case is set to be assigned out for trial on
January 29th, 2015. Plaintiff's counsel Alexander Memmen resigned unexpectedly from
this case on December 16, 2014. It is obvious that Alexander Memmen mental condition
materially impaired his ability to represent the Plaintiff. Mr. Memmen has refused to
return the entire case filed to the Plaintiff. See a true and correct copy of an email

conformation sent to Mr. Memmen as to his abrupt resignation from this case and
demand for the Plaintiff's file attached hereto and made a part hereof.

1. The Plaintiff has requested that Mr. Memmen return the entire files,

organized as they exist in file folders by categories along with all legal
research. Mr. Memmen has refused to return the case files in violation of
the Illinois Rules of Professional Conduct as a lawyer has no right to
retain the case file once he resigned from the case.
2. The Plaintiff is facing an imminent deadline for trial, Plaintiff is requesting the
court's permission to extend the deadline all dates in this case by at least 30
days.
3. In addition, Plaintiff requests leave of court to take the evidentiary deposition
of the Medical Examiner or Coroner . Mr. Memmen was in the process
of deposing the Coronor when he decided to quit this case on December 16,
2014.

WHEREFORE, PLAINTIFF PRAYS this court order Alexander Memmen to turn over all the
complete files, legal research etc which are completely organized in file folders by category of
documents in a bankers boxes. The Plaintiff prays that this court issue an order permitting the Plaintiff
to take the evidentiary deposition of the Medical Examiner or Coroner.

Sent: Friday, December 19, 2014 10:46 AM

To: Alexander Memmen; Althea
Welsh; info@iardc.org; JeromeLarkin@iardc.org
Subject: RE: I need to pick up the file(s) for the Bernice Stoller Case

Mr. Memmen
You stated that you were quitting the case. You stated after
ripping up a $1,000 cashiers check on Dec. 17, 2014 that "I did
not owe you anything." These conversations were
memorialized in my email correspondence that I sent to you
immediately there after. Which you did not deny. On Dec. 16,
2014 I appeared in your office and informed you that I wanted
an evidentiary deposition taken of the corner. You stated that
you wanted to take a discovery deposition. I said we are only
3 weeks from trial and I wanted you to take an evidentiary
deposition. Your secretary Christine on Dec. 16, 2014 indicated
to me that she would notice up the evidentiary deposition. I
presented at your request a cashiers check for $1,000.00
which had a misspelling on it.
When I re appeared at your office on Dec. 17, 2014 you
screamed I quite your case, you ripped up the cashiers check
and told me to "get out of your office!"
Mr. Memmen my case is going to trial, you have no right to
withhold the file(s) according to the Illinois Rules of
Professional conduct which your fully aware of.
This matter can be resolved amicably if you turn over all of the
files on Monday by 12:00 noon. Otherwise, we will be forced to
take all legal actions necessary to obtain our files, namely (1)
file a Motion before Judge Flanagan (2) File an ARDC Complaint
against you and your law firm on Monday and (3) you should
immediately advise you errors and admissions carrier that we
intend to file a legal mal practice lawsuit against you and your
law firm and you legal assistant Christine for conspiracy if you
continue to refuse to turn over all of my case files on Monday!

Mr. Memmen you a young lawyer, trying to build a practice.

Why you would want to reek such "legal" havoc on yourselves
and your law firm at this stage in your professional career is
incomprehensible. When you know that Judge Flannagan will
not allow you to retain the case files, the ARDC will only
sanction you for such conduct and such professional
misconduct "stains" become part of your permanent and
record clearly evidences your "bad faith".
Please email me confirmation that you will turn over the all of
the files, their contents without having to make any payment
to you, recalling the statement you made to me on Dec. 17,
2014 "Get out out of my office, you don't owe me anything!"
Cordially,

Christopher Stoller