On March 15, 2010, the Appellate Court of Illinois (First Judicial District) entered an order dismissing several appeals filed by Leo Stoller. The matter came before the court on the court's own rule to show cause why Leo Stoller should not be held in contempt and the appeals dismissed.
In this order, the Appellate Court of Illinois (First Judicial District) noted that it had taken judicial notice of an order entered by the Court of Appeals for the Seventh Circuit in the matter of In re Leo D. Stoller, No. 08-4240 (7th Cir., Dec. 4. 2009). In that order, the Court of Appeals for the Seventh Circuit found that Leo Stoller had been deceptive and referred the matter to the U.S. Attorney for determination of whether Stoller should be prosecuted for perjury.
The Appellate Court of Illinois (First Judicial District) also noted that Leo Stoller had filed a response to the matter before it on February 19, 2010, and that Leo Stoller had contradicted himself in his response.
This order follows a long history of sanctions against Leo Stoller. Several courts have noted that Leo Stoller's "lack of credibility is a matter of public record."
Leo Stoller currently represents himself to the public as the executive director of the "Americans for the Enforcement of Attorney Ethics (AEAE)", which he claims "is a not for profit group that advocates the strict enforcement of attorney ethics since 1974."
On March 15, 2010, the Appellate Court of Illinois (First Judicial District) entered an order dismissing several appeals filed by Leo Stoller. The matter came before the court on the court's own rule to show cause why Leo Stoller should not be held in contempt and the appeals dismissed.
In this order, the Appellate Court of Illinois (First Judicial District) noted that it had taken judicial notice of an order entered by the Court of Appeals for the Seventh Circuit in the matter of In re Leo D. Stoller, No. 08-4240 (7th Cir., Dec. 4. 2009). In that order, the Court of Appeals for the Seventh Circuit found that Leo Stoller had been deceptive and referred the matter to the U.S. Attorney for determination of whether Stoller should be prosecuted for perjury.
The Appellate Court of Illinois (First Judicial District) also noted that Leo Stoller had filed a response to the matter before it on February 19, 2010, and that Leo Stoller had contradicted himself in his response.
This order follows a long history of sanctions against Leo Stoller. Several courts have noted that Leo Stoller's "lack of credibility is a matter of public record."
Leo Stoller currently represents himself to the public as the executive director of the "Americans for the Enforcement of Attorney Ethics (AEAE)", which he claims "is a not for profit group that advocates the strict enforcement of attorney ethics since 1974."
On March 15, 2010, the Appellate Court of Illinois (First Judicial District) entered an order dismissing several appeals filed by Leo Stoller. The matter came before the court on the court's own rule to show cause why Leo Stoller should not be held in contempt and the appeals dismissed.
In this order, the Appellate Court of Illinois (First Judicial District) noted that it had taken judicial notice of an order entered by the Court of Appeals for the Seventh Circuit in the matter of In re Leo D. Stoller, No. 08-4240 (7th Cir., Dec. 4. 2009). In that order, the Court of Appeals for the Seventh Circuit found that Leo Stoller had been deceptive and referred the matter to the U.S. Attorney for determination of whether Stoller should be prosecuted for perjury.
The Appellate Court of Illinois (First Judicial District) also noted that Leo Stoller had filed a response to the matter before it on February 19, 2010, and that Leo Stoller had contradicted himself in his response.
This order follows a long history of sanctions against Leo Stoller. Several courts have noted that Leo Stoller's "lack of credibility is a matter of public record."
Leo Stoller currently represents himself to the public as the executive director of the "Americans for the Enforcement of Attorney Ethics (AEAE)", which he claims "is a not for profit group that advocates the strict enforcement of attorney ethics since 1974."
Nos, 1-09-1868, 1-08-3560, 1-09-0353, 1-09-0624, 1-09-0846,
1-09-0956, 1-09-1059, 1-09-1066, 1-09-1894, 1-09-2002, 1-09-2003,
1-09-2061, 1-09-2062, 1-09-3368, 1-09-3369, 1-10-0089, 1-10-0333
Not Consolidated
IN THE APPELLATE COURT OF ILLINOIS
FIRST JUDICIAL DISTRICT
LEO STOLLER, )
)
Plaintff-Appeliant, )
)
v. )
)
LANCE G. JOHNSON, et al., )
)
Defendants-Appellees, )
ORDER
Appellant Leo Stoller sought leave to proceed in forma pauperis in the following
seventeen appeals, Nos. 1-09-1868, 1-08-
560, 1-09-0353, 1-09-0624, 1-09-0864, 1-09-0956,
1-09-1059, 1-09-1066, 1-09-1894, 1-09-2002, 1-09-2003, 1-09-2061, 1-09-2062, 1-09-3368,
1-09-3369, 1-09-3428, 1-10-0089, 1-10-0333. This court initially allowed Mr. Stoller to
proceed in forma pauperis on these cases, except on appeals 1-09-0846 and 1-09-2062, where
the Court denied the pauper petitions and Mr. Stoller then paid the fees. The matter now comes
con the court's own rule to show cause why Mr. Stoller should not be held in contempt and the
above appeals dismissed (with the exception of appeals 1-09-0846 and 1-09-2062, where the
docketing fees have been paid)
Mr. Stoller is @ highly litigious individual in both state and federal courts and usually seeks
leave to proceed in forma pauperis. Recently, on December 4, 2009, the United States Court of
Appeals for the Seventh Circuit entered an order dismissing Mr. Stoller’s appeal upon finding that
Mr. Stoller falsely claimed indigency and was deceptive in seeking to proceed in forma pauperis.1-09-1868, e/ al
In re Leo D. Sioller, No. 08-4240 (7th Cir., Dec. 4, 2009). The Court of Appeals also reimposed
a bar against Mr. Stoller pursuant to /n re City of Chicago, $00 F. 34 582, 585-86 (7th Cir. 2007)
and Support Systems international, Inc. v. Mack, 45 F. 34 185, 186 (7th Cir. 1995) (per curiam),
which directed all federal courts in the seventh circuit to return unfiled any papers submitted
either directly o indirectly by Mr. Stoller or on his behalf for a minimum of two years.
On January 19, 2010, appellees, Lance G Johnson, David Abrams, Alited Goodman,
Roylance Abrams, and Berdo & Goodman, LLP, et al, filed a request for this court to take
judicial notice of the Court of Appeals for the Seventh Circuit's order finding that Mr. Stoller was
deceptive about his in forma pauperis status. Mr. Stoller filed his objection on February 1, 2010
This court entered an order on February 11, 2010, granting the request to take judicial notice and,
on the court’s own motion, ordered Mr. Stoller to show why, in the above listed appeals, he
should not be held in contempt of court and these appeals should not be dismissed in view of the
December 4, 2009, federal court order that Mr. Stoller was deceptive in regard to his in forma
‘pauperis status. Mr. Stoller filed a response on February 19, 2010. For the reasons that follow,
wwe find that Mr. Stoller does not meet the requirement to proceed in forma pauperis.
Mr. Stoller may not proceed in forma pauperis on the basis that evidence indicates he was,
deceptive regarding his indigency status. This finding is based on several factors. First, we have
taken judicial notice of the federal court order on this issue, “Matters susceptible to judicial
notice include facts capable of immediate and accurate demonstration by resort to easily
accessible sources of indisputable accuracy.” People v. Davis, 65 Ill, 2d 157, 151 (1976), Our
supreme court first declared in Walsh v. Union Oil Co., $3 Ill. 2d 295 (1972), that a court may
take judicial notice of other proceedings in other courts, at least where those proceedings involve
21-09-1868, er al
substantially the same parties and are determinative of the case sub judice. Walsh, 53 Ill 2d at
299. Illinois courts may take judicial notice of public documents which are included in the records
of other courts because such documents constitute readily verifiable facts which are capable of
“instant and unquestionable demonstration.” May Department Stores, Inc. v. Teamsters Union,
64 Ill. 2d 153, 159 (1976). Judicial notice is proper where such notice will aid in the efficient
disposition of a case. Muller v. Zollar, 267 Il), App. 3d 339, 341 (1994).
Here, we took judicial notice of the order entered by the Court of Appeals for the Seventh
Circuit in Jn re Leo D. Stoller, No. 08-4240 (7th Cir., Dec. 4, 2009), a public document that
found Mr. Stoller was deceptive in seeking status as an indigent, Mr. Stoller was the only party
subject to that order and he is a party in each of the pending appeals addressed herein
Furthermore, the facts of which we are taking judicial notice are dispositive of the issue presently
before this court, .z., whether Mr. Stoller may proceed i forma pauperis. We conclude that he
may not
Second, the attachments that Mr. Stoller filed with his response to the rule to show cause
contradict Mr. Stoller’s claimed indigency The attachments portray Mr. Stoller as a “nationally
known trademark expert” and “nationally recognized constitutional and legal scholar.” Mr.
Stoller lists the three books that he has published and the consulting company that he founded,
and of which he is the president, Rentamark, The attachments describe Mr. Stoller’s
commercially offered services as a consultant and as an expert witness. Therefore, Mr. Stoller’s
‘own submissions to this court undermine his claim of indigency1-09-1868, ef al.
Third, we note that on February 23, 2010, Mr. Stoller paid the $25 docketing fee for each
of seven additional appeals with this court, totaling $175. This fact clearly contradicts Mr.
Stoller’s assertion that he is indigent
Accordingly, we conclude after reviewing the December 4, 2009, order of the Court of
Appeals for the Seventh Circuit, the report and recommendation of special master, U.S.
Magistrate Judge Geraldine Soat Brown, Mr. Stoller’s response with attachments to the rule to
show cause, and his recent payment of $175 in docketing fees to this court, along with his
payment of docketing fees in 1-09-0846 and 1-09-2062 upon being denied leave to file as a
pauper, that Mr. Stoller does not meet the requirements necessary to proceed int forma pauperis.
Based on the foregoing, we dismiss without prejudice: Leo Stoller v. Lance G. Johnson, 1-09-
1868; Leo Stoller v. Lighthouse Financial, 1-09-2061; Leo Stoller v. Robert Tepper, 1-09-3368,
Leo Stoller v. Countrywide Bank and Bank of America, 1-09-3369, and, Leo Stoller v.
Countryside Bank, 1-10-0333. Appeal 1-10-0089 was dismissed on motion of appellee on
February 11, 2010. (Appeals 1-09-0846 and 1-09-2062 remain pending because Mr. Stoller paid
the docketing fees.)
Mr. Stoller also has pending eleven additional appeals, several of which have been
consolidated. In re Marriage of Leo Stoller, 1-08-3560; Nancy Reich v. Leo Stoller, 1-09-0353
and 1-09-0624 (consolidated); Nancy Stoller v. Leo Stoller 1-09-0846, 1-09-0956 and 1-09-1059
(consolidated); Leo Stoller v. Wendy Morgan, 1-09-1066 and 1-09-2062 (consolidated), Nancy
Reich v. Leo Stoller, 1-09-1894; In re Marriage of Nancy J. Reich and Leo Stoller, 1-09-2002,
and In re Marriage of Nancy J. Reich and Leo Stoller, 1-09-2003. We dismiss without prejudice1-09-1868, et al.
those appeals based on Mr. Stoller’s stipulation in his own marital settlement agreement,
paragraph 17.2 (05 D 007216), that was entered on July 15, 2009.
Mr, Stoller filed his marital settlement agreement as an attachment to his response to the
rule to show cause. In paragraph 17.2 of his marital settlement agreement, Mr. Stoller agreed to
a restraining order that prohibited Mr. Stoller, his agents, assigns, family members, and heirs, from
filing any state or federal civil court motions, pleadings, complaints, administrative actions or
lawsuits, against Nancy Reich, Wendy Morgan, the Wendy Morgan Law Firm and its staff, Nancy
Reich's parents, Dr. Alan Jaffe, and attorney Joel Levin, without obtaining leave of the circuit
court of Cook County. We find that his agreement is a judicial admission that conclusively binds
Mr. Stoller. See Furniss v. Rennick, 181 Ill, 2d 395, 406 (1998). A judicial admission is a “formal
concession in the pleadings in the case or stipulations by a party or its counsel having the effect of
withdrawing a fact from issue and dispensing wholly with the need for proof of the fact.”
Knauerhaze v. Nelson, 361 Ill. App. 34 $38, $58 (2005): see also J. Stong, McCormick on
Evidence §254, at 142 (4th ed. 1992), J. Wigmore, Wigmore on Evidence $1064, at 536 (24 ed
1923). Moreover, Mr. Stoller's voluntary submission of his marital agreement as an attachment
for this court to consider further convinces us thai Mr. Stoller assents to the matter contained in
the agreement and reaffirms that he is bound by that document
Mr. Stoller must therefore obtain leave of the circuit court of Cook County prior to filing
any appeals involving the parties named in paragraph 17-2 of the marital settlement agreement. A
thorough review of the records in these cases revealed no evidence that Mr. Stoller sought the
requisite leave of circuit court of Cook County in order to file the instant appeals. This court is
‘without jurisdiction to hear any appeals against these parties absent an order from the circuit court
31-09-1868, ef al
granting Mr, Stoller leave, Based on this admission and absent any showing that leave was
sought, we dismiss these cases without prejudice.
Based on all of the foregoing reasons the following cases are hereby dismissed without
prejudice: Leo Stoller v. Lance G. Johnson, 1-09-1868; Leo Stoller v, Lighthouse Financial,
1-09-2061, Leo Stoller v. Robert Tepper, 1-09-3368, Leo Stoller v. Countrywide Bank and Bank
of America, 1-09-3369 and 1-10-0089 (consolidated); Leo Stoller v. Countryside Bank,
1-10-0333, In re Marriage of Leo Stoller, 1-08-3560, Nancy Reich v. Leo Stoller, 1-09-0353 and
1-09-0624 (consolidated); Nancy Stoller v. Leo Stoller 1-09-0846, 1-09-0956 and 1-09-1059
(consolidated); Leo Stoller v. Wendy Morgan, 1-09-1066 and 1-09-2062 (consolidated), Nancy
Reich v. Leo Stoller, 1-09-1894; In re Marriage of Nancy J. Reich and Leo Stoller, 1-09-2002;
and In re Marriage of Nancy J. Reich and Leo Stoller, 1-09-2003. Appeal 1-10-0089 remains
dismissed. Appeals 1-09-0846 and 1-09-2062 remain pending
ORDER ENTERED
war 15 2010
[APPELLATE COURT, FIRST DISTRICT Justice
Justice
Justice