Client Letter 107 fin

Baker & Hostetler LLP.

191 North Wacker Dr. Suite 3100Chicago, IL 60606-1901

312-555-6559 (phone) 312-555-6569 (fax) http://www.billable.com

October 3, 2016

Robert Felton 1969 N Halsted St. Chicago, IL 60614

Re: Lynn Felton’s Suit Against You

Dear Mr. Felton:

You recently visited our office and spoke to Mr. Evans about a law suit where you are named defendant. Your ex-wife, Lynn Felton, has sued you for Intention Infliction of Emotional Distress. In support of her claim, she alleges 45 specific incidences of abuse by you. You believe the suit is frivolous and you have us to get it dismissed.

We are happy to tell you that we can get over 40 of Lynn’s complaints dismissed for you. We regret to inform you, however, that an Illinois court will not dismiss Lynn’s lawsuit at this stage. The court will almost certainly allow Lynn to proceed with this lawsuit. This does not mean you will lose, but it does mean you will have to be prepared to mount a defense.

Facts

These are the facts as we understand them. If we have misstated or omitted any facts, please let us know as soon as possible.

Agreed Facts

You and Lynn were married for 10 years: from October 11, 2004 to December 15, 2014. The divorce was finalized on December 15, 2014. The grounds were mental cruelty. On December 9, 2014, you and Lynn signed martial settlement agreement. Under the terms of the agreement, Lynn may not sue you for any conduct that happened during the marriage. Two years later, on or about August 16, 2016, Lynn filed a civil lawsuit against you in an Illinois court alleging Intention Infliction of Emotional Distress (IIED).

Lynn suffers from a “disabling depression.” She has been disabled by depression since the divorce, you told Mr. Evans.

Lynn has been seeing a psychologist, Dr. Michael E. Altoff for treatment of her “disabling depression.”

Letter date 10/03/2016 to Robert Felton re: Lynn Felton Suit Against You. Page 1 of 4

Disputed Facts

You have been stalking Lynn repeatedly since your 2014 divorce. You “confiscated” Lynn’s work computer to “interfere with her employment”. You broke into Lynn’s locked drug cabinet for work on or about April 13, 2016.

Lynn states that loss of self-esteem, difficulty in forming other relationships, and the other injuries she alleges stem from your abuse of her. Dr. Althoff indicates that Lynn’s PTSD is a result of an entire series of abusive acts, not just the result of one specific incident. You do not believe this diagnosis should hold water. You claim that her injury stems from your “rejection” of her. Your conduct is not the source of her injury. Dr. Altoff does not know what is saying. You challenge Dr. Althoff’s credentials and his expertise. You called Dr. Althoff a “self-proclaimed expert.”

If we have misunderstood or omitted any of the facts in the prior paragraphs, please let us know as soon as possible. Different facts could result in different legal advice to you.

Unknown but Necessary Facts

Please read the attached document.

Likely Legal Outcomes

You told Mr. Evans that you believe this lawsuit is “frivolous”. Our extensive research has shown us that the State of Illinois does not find lawsuits like this one to be “frivolous.” The Illinois Court has found conduct like Lynn has alleged to be “extreme and outrageous.” “Extreme and outrageous” is a legal term here. Threats are “extreme and outrageous” here. Stalking is a threat by operation of law. Attacking the livelihood of another person, such as your ex-wife, is also “extreme and outrageous” according to the decisions of our top court.

You told us that you “couldn’t believe” that a court will take this claim seriously because, as you claim, “an objectively reasonable woman would be unable to endure the normal strains of marital cohabitation without suffering severe emotional distress.” Unfortunately, an Illinois court will not agree with you. You and Lynn were divorced 2 years ago and that’s when the “martial cohabitation” ended. Any conduct afterwards, like the 3 disputed facts Lynn will sustain, will not be viewed in the light of “martial cohabitation.” The court will not view these “strains” as “normal.”

Next Step

Time is of the essence, Mr. Felton. This case will not go away. Instead, you have until September 16, 2016 to respond to the court or Lynn wins the case automatically. She will be awarded all the money she seeks if that happens. The Illinois court will most likely strike down


our motion to dismiss, and we will have to be prepared when that happens. We can only build a defense if you give us your side of the story.

This is why we ask you to answer the attached questions at your earliest possible convenience. Please fax the answers to us. Alternatively, please bring the answers to a meeting that we also ask you to schedule at your earliest possible convenience.

Please call us at 312-555-6559 to schedule the meetings, if you have any questions, or both.

Very truly yours,

Alexander M. Tait

Encl.

Unknown but Necessary Facts

In order to mount a defense of Lynn’s 3 standing claims, we will need to get facts from you that refute her allegations.

You told Mr. Evans that you believe Dr. Althoff is a “hack” and a “self-proclaimed expert.”

1. Do you know that Dr. Althoff is not licensed practice in the State of Illinois? 2. Do you know or have reason to believe Dr. Althoff does not have a Ph.D from an

accredited university? 3. Do you have any information that would bring into question Dr. Altoff’s credibility?

Such as malpractice suits, any allegations from former patients, or any discretization? 4. Would you like to discuss hiring an investigator to obtain this information? We know

several excellent investigators whom we could recommend to you.

Lynn alleges that you have “repeatedly stalked her since the divorce.”

1. Are there police reports that can confirm this allegation? Stalking is a criminal offense and that allegation would need police reports in order to be proven. For example, has Lynn called the police on you since your divorce to complain that you were stalking her?

2. If so, do you have copies of the police reports? If so, please attach or bring with you when we meet at our office. If not, please be prepared with any details you may remember.

3. If not, would you like to discuss hiring an investigator to obtain these police reports?


Lynn alleges that you ‘confiscated’ her work computer.

1. Who owns this computer? Is it Lynn’s? Was it part of your shared property when you were married?

2. Who has the computer now?3. Did you, in fact, take possession of the computer at any point since your 2014 divorce?4. If so, was the ‘confiscation’ actually just a repossession of your own property?5. If 3&4 are true, do you have proof that you owned the computer in question? Proof could

include receipts, warranties in your name, credit card statements. If so can you produce them?

6. If you cannot produce these documents, would you like us to hire an investigator to obtain these documents?

7. “Confiscation” is a somewhat odd term. Lynn seems to allege theft. Did she call the police on you for taking or attempting to take the computer?

8. If so, do you have copies of the police reports?9. If not, would you like to discuss hiring an investigator? 10. Lynn alleges that the ‘confiscation’ was an attempt to interfere with her employment. Did

you make any statements to her that could cause her to claim or believe this? Have you left her any voicemails regarding the computer and her job? Are there any witnesses that can testify that you said such things?

Lynn alleged that on or about April 13, 2016, you “broke into Lynn’s locked drug cabinet for work.”

1. Do you remember being at Lynn’s house on or near that date?2. If you were not at Lynn’s house on or near April 13 of this year, can someone support

that you were not- that you were with them, perhaps?3. If you were at Lynn’s home, what was the reason? Did you have to pick up your children,

perhaps? 4. What are your visitation rights and duties with regards to your children? Do you pick

them up and drop them off at Lynn’s?5. Do Lynn and your children still live in the home where you lived until you got divorced?6. If so, do you have a key by any chance? 7. If you were at Lynn’s, did you attempt to open the “locked cabinet?”8. Did you need something in the cabinet?9. If so, were you aware that is was locked, or did you think perhaps that is was stuck?


Documents

Client Letter 107 fin