ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSIONIN THE SUPREME COURT OF ILLINOIS

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In the Matter of: ))) Supreme Court No: ))

)Thomas Gooch )Michael Gauthier )

)Respondents )

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NOTICE OF FILING ARDC COMPLAINT

RESPONDENTS:

Thomas GoochMichael GauthierGauthier & Gooch209 S. Main StreetWauconda, IL 60085ARDC 3123355847-526-0110

PLEASE TAKE NOTICE that on the _________ day of June, 2014, I filed with the Clerk of the ARDC the attached Attorney Disciplinary Complaint

Christopher Stoller

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ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSIONIN THE SUPREME COURT OF ILLINOIS

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In the Matter of: ))) Supreme Court No: ))

) )

Thomas Gooch )Michael Gauthier )

)Respondent )

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ATTORNEY MISCONDUCT COMPLAINT AGAINST

THOMAS GOOCH AND MICHAEL GAUTHIER

The Respondents , Thomas Gooch and Michael Gauthier are all charged

with violating ARDC Rules 3.3(a) making numerous misstatements of material

fact and/or law to a Tribunal, a Circuit Court Judge violation of the Illinois Rules

of Professional Conduct 3.3(a) and 8.4. in Case No. 13-5012 76 on June 17, 2014..

The Attorney Registration and Disciplinary Commission was established by

the Illinois Supreme Court to deal with issues of professional misconduct of

attorneys. The serious allegations of professional misconduct that the Complainant

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has raised regarding the Respondents are issues that are not before the Illinois

Court in Case No: 13-5012760. The issues of professional misconduct raised by

this Attorney Displinary complaint are issues that the Commission is solely

empowered to act upon under the Illinois Rules of Professional Misconduct and

NOT any State Court Judge.

PARTIES

Respondents

Thomas GoochMichael GauthierGauthier & Gooch209 S. Main Street

Wauconda, IL 60085ARDC 3123355847-526-0110

Complainant

Christopher Stoller1

1 Christopher Stoller has Power of Attorney over nephew Michael Stoller to deal with all of his Legal Issues.

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BACKGROUND

Respondents Thomas Gooch and Michael Gauthier represent , Nancy J.

Reich, 57, 7815 Westwood Drive, Elmwood Park, IL 60707, 708-471-2002 in a

replevan Action Case No 2013 MI 501276, where Nancy J. Reich, a defendant,

(Michael Stoller, 22 is the Plaintiff) has refused to comply with a court order(s)

since January of 2014 to turn over $22,000 in savings bonds that belong to her son

Michael Stoller.

Respondents, Thomas Gooch and Michael Gauthier are Ms. Reich's

attorneys, well familiar with all of Ms. Reich's legal issues for the last 6 years.

They both have previously represented Nancy J. Reich in numerous prior

proceedings including a divorce proceeding against Leo Stoller2 Case No: 05 D

007216 in which Nancy J. Reich had paid her divorce lawyers' including Wendy

Morgan, over $900,000.00 in legal fees during the course of the divorce

proceeding which she initiated on July 2, 2005 against Leo Stoller.

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Nancy J. Reich and Michael Gauthier are in communication on a daily

basis. Nancy J. Reich upon and belief, had informed Michael Gauthier and

Thomas Gooch that she has filed a Petition for Guardianship of Michael Stoller,

2 Leo Stoller 68, is the brother of the complainant, Christopher Stoller, 65 and father of Michael Stoller.

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pro se, on or about June 6, 2011.

Neither Michael Gauthier nor his partner, Thomas Gooch can deny that

they knew or should have known that their client, Nancy J. Reich was the

Petitioner, in a Petition for Guardianship of her son Michael Stoller and not Leo

Stoller, Michael's father. In any event the court file Case No. 2011P 3279 speaks

for itself , as to the fact that Nancy J. Reich, was the Petitioner in Petition for

Guardianship of Michael Stoller that was filed on June 6, 2011 by Nancy J.

Reich.

COUNT I

MISTATEMENT OF MATERIAL FACT TO A TRIBUNAL

VIOLATION OF ARDC RULE 3.3(a)

In a court hearing in which the complainant, Christopher Stoller attended

in the Replevan Action Case No. 13-501276 on June 17, 2014 at the Daley

Center, with Respondent Michael Gauthier, appearing on behalf of his friend and

client, Nancy J. Reich, Mr. Michael Gauthier made a clear misstatement of

material fact and/ or law in violation of ARDC Rule 3.3(a) when he stated in open

court that “there was filed a probate action known as 2011P3279 by Leo Stoller

alleging that his son, Michael Stoller was a disable person and seeking

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appointment of himself as guardian.” See also a true and correct copy of

Thomas Gooch and Michael Gauthier's pleading Motion to dismiss Replevan

Petition at ¶ 1 page 2 of Respondent's brief. Marked as Exhibit 1

Mr. Michael Gauthier and Mr. Thomas Gooch knew or should have

known that it was Ms. Nancy J. Reich who filed the petition for guardianship of

Michael Stoller NOT Leo Stoller. Mr. Michael Gauthier and Mr. Thomas Gooch

knew that this statement was , was a clear mistatement of material fact, a violation

of ARDC Rule 3.3(a) and was made to prejudice the Plaintiff, Michael Stoller,

before the court in order to unlawfully obtain a dismissal of the Replevan Suit on

behalf of their client, Nancy J. Reich and to impress Michael Gauthier's friend

Nancy J.Reich, the defendant, her attorney Michael Gauthier lied to the court.

Thomas Gooch and Michael Gauthier cannot deny that they knew or

should have known that Cook County Judge Cheryl Cesario issued an Order on

December 14, 2011 dismissing the petition for Guardianship of Michael Stoller,

filed by Nancy J. Reich with prejudice. See attached true and correct copy of the

said Court Order marked as Group Exhibit 2 and a copy of a Motion to Dismiss

the Guardianship Petition by Leo Stoller.

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COUNT II

MISTATEMENT OF MATERIAL FACT TO A TRIBUNAL

VIOLATION OF ARDC RULE 3.3(a)

In the same hearing in which the complainant, Christopher Stoller attended

in the Replevan Action Case No. 13-501276 on June 17, 2014 at the Daley Center,

with Respondent Michael Gauthier, appearing on behalf of his friend and client,

Nancy J. Reich, Mr. Michael Gauthier made another clear misstatement of

material fact and/ or law, in violation of ARDC Rule 3.3(a) in order to impress his

friend and client, Nancy J. Reich, when he stated in open court that “Leo Stoller

has a somewhat nefarious reputation with the Circuit Courts of Cook County and

the United States District Court for the Norther District of Illinois have filed so

many frivolous lawsuits that he became subject to a “Mac Bar” in the United States

District and remains subject to that bar to this date.” See also a true and correct

copy of Mr. Thomas Gooch and Michael Gauthier's pleading, Motion to

dismiss Replevan Petition at ¶ 2 page 2 of Respondent's brief. Marked as Exhibit

1.

Respondents' Thomas Gooch and Michael Gauthier know or should have

known that on October 29, 2012 the Seventh Circuit Court of Appeals lifted the

Mack Bar against Leo Stoller. And on November 6, 2012 District Court Judge

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Amy J. St. Eve acknowledged the lifting of the Leo Stoller's Mack bar in District

Court Case 1:12-cv-04928 See Group Exhibit 3 .

Therefore, when Michael Gauthier as well known to his partner Thomas

Gooch, made the false statement in open court on June 17, 2014, in order to

impress his friend and client, Nancy J.Reich, that “Leo Stoller is the subject to a

Mac Bar in the United States District and remains subject to that bar to this date!”

Mr. Gauthier was lying right to the face of the Illinois Circuit Court Judge in

the hearing on June 17, 2014 in Case No. 13-501276 in order to impress his

friend and client, Defendant Nancy J. Reich.

WHEREFORE, Complainant prays that the Inquiry Board immediately

assign this matter to a hearing, panel, that a date for hearing be immediately set,

that the hearing be conducted and that the panel make findings of fact, conclusions

of law and a recommendation for such discipline as is warranted by its findings.

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Certificate of Mailing

I hereby certify that this motion is being deposited with the U.S. Postal Service as first Class mail in an envelope addressed to:

Illinois Attorney Registration and Disciplinary Commission 130 N. Randolph Street, Suite 1500Chicago, Illinois 60601 Christopher Stoller Date:

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