WEBER

A
jCU O JLJ Professional Service Corporation

James M. Gary
jgary@weberandrose.com March 23, 2011

Tom Cardosi
c/o Thomas E. Clay, Esq.
Thomas E. Clay, P.S.C.
Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202

RE: Barbara Hellman etal. v. Stanley M. Chesley, etal.

Kenton County Circuit Court, Div. 3, Case No. 11-CI-00809

NOTICE PURSUANT TO RULE 11. FEDERAL RULES OF CIVIL PROCEDURE

Dear Mr. Cardosi:

We are serving you with this letter through your counsel's office. We have asked
your counsel to deliver it to you immediately.

On behalf of Defendants, Waite, Schneider, Bayless & Chesley Co., LPA and
attorneys Stanley M. Chesley, Esq. and Robert A. Steinberg, Esq., we hereby put you
on notice that, by presenting to the Court a Complaint against these Defendants, you
have certified that you have made a reasonable inquiry into the facts supporting your
claims, and that by filing the Complaint in this matter, you have certified that you have
made a reasonable inquiry into the facts supporting your claims, and that the factual
allegations are truthful; therefore, you are subject to sanctions for violation of Rule 11 of
the Federal Rules of Civil Procedure. You have signed a verification, attached to your
Complaint, stating that the statements made in it are true.

As a substantive matter, these claims have no merit, and you cannot raise an
issue of material fact as to any of the claims in the Complaint, as even a cursory
examination of the documents you filed in the Doe v. Roman Catholic Diocese litigation
establish. Before verifying the filing of this complaint, you did not exercise the
appropriate diligence in either reviewing the materials supplied to you by the
Defendants during the course of proceedings in the Doe case, or by requesting any
information from the Defendants or their counsel.

The documents provided to you during the course of the Doe litigation establish
that there is absolutely no basis in law or in fact to these claims. The statements and
claims made in your Complaint are fanciful and without any merit. You undeniably knew
and understood the Claims Administrative Procedures in the Doe v. Roman Catholic
Diocese of Covington class action. You also knowingly signed a release stating under
471 West Main Street Suite 400 Louisville, Kentucky 40202
Tel 502.589.2200 Fax 502.589.3400 www.weberandrose.com

LOUISVILLE, KENTUCKY JEFFERSONVILLE, INDIANA

Tom Cardosi
March 23, 2011
Page 2

oath that you were not coerced or induced to sign the release by any promise,
representation or threat made by any person.

Under Rule 11, a Plaintiff and his/her attorney have a duty to perform an
adequate investigation before asserting claims against any Defendant.

The defense of this action will involve significant time and costs. In addition, the
substantial time taken to work on this lawsuit will be time the Defendants will be unable
to devote to their legal practice, causing them to forgo other cases and substantial
income. As time passes, these losses will multiply. If a Rule 11 sanctions motion is
filed, it will seek to recover these costs.

The Defendants will seek to remove this case to federal court. On behalf of the
Defendants, I will seek to have this case consolidated with the pending federal court
actions filed by Christine Anderson (2:10-116-DCR) and Candace Wenger (2:10-117-
DCR), which involve virtually identical allegations. The discovery taken in the Anderson
and Wenger cases shows that those cases are totally unfounded in law or in fact.

We believe it is incumbent upon you and your attorney to promptly review the
nature of your claims, conduct legal research on the baseless nature of these claims,
and dismiss this case with prejudice.

Yours sincerely,

James M. Gary
Counsel for Defendants
WEBER
A
vJ' ^ EJ Professional Service Corporation

James M. Gary
jgary@weberandrose.com March 23, 2011

Guy Barnes (by and through his guardian)

c/o Thomas E. Clay, Esq.
Thomas E. Clay, P.S.C.
Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202

RE: Barbara Hellman etal. v. Stanley M. Chesley, etal.

Kenton County Circuit Court, Div. 3, Case No. 11-CI-00809

NOTICE PURSUANT TO RULE 11, FEDERAL RULES OF CIVIL PROCEDURE

Dear Mr. Barnes:

We are serving your guardian with this letter through your counsel's office. We
have asked your counsel to deliver it to you and your guardian immediately.

On behalf of Defendants, Waite, Schneider, Bayless & Chesley Co., LPA and
attorneys Stanley M. Chesley, Esq. and Robert A. Steinberg, Esq., we hereby put you
on notice that, by presenting to the Court a Complaint against these Defendants, you
have certified that you and/or your guardian have made a reasonable inquiry into the
facts supporting your claims, and that by filing the Complaint in this matter, you and/or
your guardian have certified that you have made a reasonable inquiry into the facts
supporting your claims, and that the factual allegations are truthful; therefore, you
and/or your authorized representative and/or guardian are subject to sanctions for
violation of Rule 11 of the Federal Rules of Civil Procedure. Your guardian has signed a
verification, on your behalf, attached to your Complaint, stating that the statements
made in it are true.

As a substantive matter, these claims have no merit, and you and/or your
guardian cannot raise an issue of material fact as to any of the claims in the Complaint,
as even a cursory examination of the documents you filed in the Doe v. Roman Catholic
Diocese litigation establish. Before verifying the filing of this complaint, you and/or your
guardian did not exercise the appropriate diligence in either reviewing the materials
supplied to you by the Defendants during the course of proceedings in the Doe case, or
requesting any information from the Defendants or their counsel.

The documents provided to you during the course of the Doe litigation establish
that there is absolutely no basis in law or in fact to these claims. The statements and
claims made in your Complaint are fanciful and without any merit. You were provided
471 West Main Street Suite 400 Louisville, Kentucky 40202
Tel 502.589.2200 Fax 502.589.3400 www.weberandrose.com

LOUISVILLE, KENTUCKY JEFFERSONVILLE, INDIANA

Guy Barnes (by and through his guardian)
March 23, 2011
Page 2

with the Claims Administrative Procedures in the Doe v. Roman Catholic Diocese of
Covington class action. A release was signed stating under oath that you were not
coerced or induced to sign the release by any promise, representation or threat made
by any person.

Under Rule 11, a Plaintiff and his/her attorney have a duty to perform an
adequate investigation before asserting claims against any Defendant.

The defense of this action will involve significant time and costs. In addition, the
substantial time taken to work on this lawsuit will be time the Defendants will be unable
to devote to their legal practice, causing them to forgo other cases and substantial
income. As time passes, these losses will multiply. If a Rule 11 sanctions motion is
filed, it will seek to recover these costs.

The Defendants will seek to remove this case to federal court. On behalf of the
Defendants, I will seek to have this case consolidated with the pending federal court
actions filed by Christine Anderson (2:10-116-DCR) and Candace Wenger (2:10-117-
DCR), which involve virtually identical allegations. The discovery taken in the Anderson
and Wenger cases shows that those cases are totally unfounded in law or in fact.

We believe it is incumbent upon you and/or your guardian and your attorney to
promptly review the nature of your claims, conduct legal research on the baseless
nature of these claims, and dismiss this case with prejudice.

Yours sincerely,

James M. Gary
Counsel for Defendants
WEBER
1
ROSE A Professional Service Corporation

James M. Gary
jgary@weberandrose.com March 23, 2011

Julane Simpson
c/o Thomas E. Clay, Esq.
Thomas E. Clay, P.S.C.
Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202

RE: Barbara Hellman et a/, v. Stanley M. Chesley, et al.

Kenton County Circuit Court, Div. 3, Case No. 11-CI-00809

NOTICE PURSUANT TO RULE 11. FEDERAL RULES OF CIVIL PROCEDURE

Dear Ms. Simpson:

We are serving you with this letter through your counsel's office. We have asked
your counsel to deliver it to you immediately.

On behalf of Defendants, Waite, Schneider, Bayless & Chesley Co., LPA and
attorneys Stanley M. Chesley, Esq. and Robert A. Steinberg, Esq., we hereby put you
on notice that, by presenting to the Court a Complaint against these Defendants, you
have certified that you have made a reasonable inquiry into the facts supporting your
claims, and that by filing the Complaint in this matter, you have certified that you have
made a reasonable inquiry into the facts supporting your claims, and that the factual
allegations are truthful; therefore, you are subject to sanctions for violation of Rule 11 of
the Federal Rules of Civil Procedure. You have signed a verification, attached to your
Complaint, stating that the statements made in it are true.

As a substantive matter, these claims have no merit, and you cannot raise an
issue of material fact as to any of the claims in the Complaint, as even a cursory
examination of the documents you filed in the Doe v. Roman Catholic Diocese litigation
establish. Before verifying the filing of this complaint, you did not exercise the
appropriate diligence in either reviewing the materials supplied to you by the
Defendants during the course of proceedings in the Doe case, or by requesting any
information from the Defendants or their counsel.

The documents provided to you during the course of the Doe litigation establish
that there is absolutely no basis in law or in fact to these claims. The statements and
claims made in your Complaint are fanciful and without any merit. You undeniably knew
and understood the Claims Administrative Procedures in the Doe v. Roman Catholic
Diocese of Covington class action. You also knowingly signed a release stating under
471 West Main Street Suite 400 Louisville, Kentucky 40202
Tel 502.589.2200 Fax 502.589.3400 www.weberandrose.com

LOUISVILLE, KENTUCKY JEFFERSONVILLE, INDIANA

Julane Simpson
March 23, 2011
Page 2

oath that you were not coerced or induced to sign the release by any promise,
representation or threat made by any person.

Under Rule 11, a Plaintiff and his/her attorney have a duty to perform an
adequate investigation before asserting claims against any Defendant.

The defense of this action will involve significant time and costs. In addition, the
substantial time taken to work on this lawsuit will be time the Defendants will be unable
to devote to their legal practice, causing them to forgo other cases and substantial
income. As time passes, these losses will multiply. If a Rule 11 sanctions motion is
filed, it will seek to recover these costs.

The Defendants will seek to remove this case to federal court. On behalf of the
Defendants, I will seek to have this case consolidated with the pending federal court
actions filed by Christine Anderson (2:10-116-DCR) and Candace Wenger (2:10-117-
DCR), which involve virtually identical allegations. The discovery taken in the Anderson
and Wenger cases shows that those cases are totally unfounded in law or in fact.

We believe it is incumbent upon you and your attorney to promptly review the
nature of your claims, conduct legal research on the baseless nature of these claims,
and dismiss this case with prejudice.

Yours sincerely,

James M. Gary
Counsel for Defendants
 ,^EBER
«3?. ROSE A Professional Service Corporation

James M. Gary
jgary@weberandrose.com March 23, 2011

Barbara Hellman
c/o Thomas E. Clay, Esq.
Thomas E. Clay, P.S.C.
Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202

RE: Barbara Hellman et al. v. Stanley M. Chesley, etal.

Kenton County Circuit Court, Div. 3, Case No. 11-CI-00809

NOTICE PURSUANT TO RULE 11. FEDERAL RULES OF CIVIL PROCEDURE

Dear Ms. Hellman:

We are serving you with this letter through your counsel's office. We have asked
your counsel to deliver it to you immediately.

On behalf of Defendants, Waite, Schneider, Bayless & Chesley Co., LPA and
attorneys Stanley M. Chesley, Esq. and Robert A. Steinberg, Esq., we hereby put you
on notice that, by presenting to the Court a Complaint against these Defendants, you
have certified that you have made a reasonable inquiry into the facts supporting your
claims, and that by filing the Complaint in this matter, you have certified that you have
made a reasonable inquiry into the facts supporting your claims, and that the factual
allegations are truthful; therefore, you are subject to sanctions for violation of Rule 11 of
the Federal Rules of Civil Procedure. You have signed a verification, attached to your
Complaint, stating that the statements made in it are true.

As a substantive matter, these claims have no merit, and you cannot raise an
issue of material fact as to any of the claims in the Complaint, as even a cursory
examination of the documents you filed in the Doe v. Roman Catholic Diocese litigation
establish. Before verifying the filing of this complaint, you did not exercise the
appropriate diligence in either reviewing the materials supplied to you by the
Defendants during the course of proceedings in the Doe case, or requesting any
information from the Defendants or their counsel.

The documents provided to you during the course of the Doe litigation establish
that there is absolutely no basis in law or in fact to these claims. The statements and
claims made in your Complaint are fanciful and without any merit. You undeniably knew
and understood the Claims Administrative Procedures in the Doe v. Roman Catholic
Diocese of Covington class action. You also knowingly signed a release stating under
471 West Main Street Suite 400 Louisville, Kentucky 40202
Tel 502.589.2200 Fax 502.589.3400 www.weberandrose.com

LOUISVILLE, KENTUCKY JEFFERSONVILLE, INDIANA

Barbara Hellmann
March 23, 2011
Page 2

oath that you were not coerced or induced to sign the release by any promise,
representation or threat made by any person.

Under Rule 11, a Plaintiff and his/her attorney have a duty to perform an
adequate investigation before asserting claims against any Defendant.

The defense of this action will involve significant time and costs. In addition, the
substantial time taken to work on this lawsuit will be time the Defendants will be unable
to devote to their legal practice, causing them to forgo other cases and substantial
income. As time passes, these losses will multiply. If a Rule 11 sanctions motion is
filed, it will seek to recover these costs.

The Defendants will seek to remove this case to federal court. On behalf of the
Defendants, I will seek to have this case consolidated with the pending federal court
actions filed by Christine Anderson (2:10-116-DCR) and Candace Wenger (2:10-117-
DCR), which involve virtually identical allegations. The discovery taken in the Anderson
and Wenger cases shows that those cases are totally unfounded in law or in fact.

We believe it is incumbent upon you and your attorney to promptly review the
nature of your claims, conduct legal research on the baseless nature of these claims,
and dismiss this case with prejudice.

Yours sincerely,

James M. Gary
Counsel for Defendants
 KENTON COUNTY CIRCUIT COURT
DIVISION THREE (3)
Case No. 11-CI-00809

BARBARA HELLMAN, Plaintiffs

and
JULANE SIMPSON,
and
GUY BARNES,
By and through his guardian,
Heather Moser,
and
TOM CARDOSI
NOTICE OF FILING NOTICE
OF REMOVAL
v.

STANLEY M. CHESLEY, ef al. Defendants

TO: THE CLERK OF THE ABOVE COURT

Defendants, Waite, Schneider, Bayless & Chesley Co.,LPA, Stanley M. Chesley and

Robert A. Steinberg, by counsel, hereby give notice that they have on this 23rd day of March,

2011, filed in the United States District Court for the Eastern District of Kentucky, Northern

Division (at Covington) a Notice of Removal.

Pursuant to Paragraph 28 U.S. C. §1446(d), Defendants, Waite, Schneider, Bayless &

Chesley Co.,LPA, Stanley M. Chesley and Robert A. Steinberg file with you a copy of their

Notice of Removal to the United States District Court for the Eastern District of Kentucky,

attached hereto.

Pursuant to 28 U.S.C. 1446(d), filing this Notice with the Clerk of the State Court

removes this action from the State Court to the United States District Court, "and the State

Court shall proceed no further unless and until the case is remanded." See 28 U.S.C. §1446(d).

Compliance with form and procedure for removal automatically removes the case from the State
 Court to Federal District Court, and such removal stays any further action in the State court until

further order from the Federal District Court.

Respectfully Submitted,

James M. Gary ^
WEBER & ROSE, PSC
471 West Main Street
Suite 400
Louisville, Kentucky 40202
(502) 589-2200 Phone
(502) 589-3400 Fax
Counsel for Defendants

CERTIFICATE OF SERVICE

This will certify that a copy of the foregoing was sent via First Class U.S. Mail, postage
prepaid, on the 23rd day of March, 2011, to the following:

Thomas E. Clay
Thomas E. Clay, P.S.C.
Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202
Counsel for Plaintiffs

James M. Gary

2
 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
(at Covington)
Electronically Filed

BARBARA HELLMAN,
and
JULANE SIMPSON,
and CIVIL ACTION NO.:
GUY BARNES, Removed from Kenton Circuit
By and through his guardian, Court Case No. 11-CI-00809
Heather Moser,
and
TOM CARDOSI

Plaintiffs

STANLEY M. CHESLEY,
ROBERT STEINBERG, and
WAITE, SCHNEIDER, BAYLESS
and CHESLEY CO., LPA

Defendants

NOTICE OF REMOVAL

TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF

KENTUCKY, NORTHERN DIVISON (at Covington):

For its Notice of Removal of this action from the Kenton Circuit Court in Kenton

County, Kentucky to the United States District Court for the Eastern District of Kentucky,

Northern Division, Defendants, Waite, Schneider, Bayless & Chesley Co.,LPA, Stanley

M. Chesley and Robert A. Steinberg, state as follows:

1. On or about March 18, 2011, Plaintiffs, Barbara Hellmann, Julane

Simpson, Guy Barnes (by and through his Guardian, Heather Moser) and Tom Cardosi,
 filed a Complaint against Defendants, Waite, Schneider, Bayless & Chesley Co.,LPA,

Stanley M. Chesley and Robert A. Steinberg in Kenton Circuit Court. The Complaint

was assigned case No. 11-CI-00809. (See attached Exhibit "A").

2. Based on a fair reading of the Complaint and the Plaintiffs' allegations, the

amount in controversy exceeds $75,000 exclusive of interest and costs.

3. Plaintiffs, Barbara Hellmann, Julane Simpson, Guy Barnes (by and

through his Guardian, Heather Moser) and Tom Cardosi, are now and were at the

commencement of this action residents of the Commonwealth of Kentucky.

4. Defendants, Stanley M. Chesley and Robert A. Steinberg, are at the time

of the filing of this Notice of Removal and were at the time of the commencement of this

action, residents of the State of Ohio, a state other than Kentucky, and the Defendant,

Waite, Schneider, Bayless and Chesley Co., LPA, was and is organized under the laws

of the State of Ohio, and had and has its principal place of business in Ohio, a state

other than Kentucky.

5. Plaintiffs' action against Defendants is one over which this Court has

original jurisdiction under the provisions of 28 U.S.C. §1332(a)(1), and is one that may

be removed to this Court by Defendants pursuant to the provisions of 28 U.S.C. §1441,

in that it is an action between citizens of different states.

6. Plaintiffs' claim an amount of damages that exceeds $75,000.00,

exclusive of interest and cost. See Plaintiffs' Complaint (Exhibit A) and paragraph 2,

above.

7. This Notice of Removal was filed in this Court within 30 days after receipt

of notice of Plaintiffs' Complaint.

2
 8. The claims in this lawsuit are virtually identical to those in pending Civil

Actions number 2:10-116-DCR and 2:10-117-DCR and thus is a related case.

WHEREFORE, the Defendants, Waite, Schneider, Bayless & Chesley Co., LPA,

Stanley M. Chesley and Robert A. Steinberg provide notice that the cause of action

pending in Kenton Circuit Court, Kenton County, Kentucky is hereby removed to the

United States District Court for the Eastern District of Kentucky, Northern Division, at

Covington.

Respectfully Submitted,

/s/ James M. Gary

James M. Gary
WEBER & ROSE, PSC
471 West Main Street
Suite 400
Louisville, Kentucky 40202
(502) 589-2200 Phone
(502) 589-3400 Fax
Counsel for Defendant

3
 CERTIFICATE OF SERVICE

It is hereby certified that on this the 23rd day of March, 2011, notice of this filing
was sent to the Kenton Circuit Court, by U. S. Mail, postage prepaid, and this document
was electronically filed through the ECF system, which will send a notice of electronic
filing to:

Thomas E. Clay, P.S.C.

Clay Frederick Adams, PLC
462 S. Fourth Street, Suite 101
Louisville, Kentucky 40202
Counsel for Plaintiffs

/s/ James M. Gary

James M. Gary