IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

DEFENDANT JOHNSON CONTROLS, INC.'S MOTION TO DISQUALIFY

THE LAW FIRMS OF

YODER, AINLAY, ULMER & BUCKINGHAM LLP AND

TAFT, STETTINIUS & HOLLISTER LLP

BARNES & THORNBURG LLP CHADBOURNE & PARKE LLP

Kelly J. Hartzler (24929-20) Thomas J. Hall (Pro Hac Vice)

700 1st Source Bank Center Andrew E. Skroback (Pro Hac Vice)

100 North Michigan Lauren T. Lee (Pro Hac Vice)

South Bend, Indiana 46601-1632 1301 Avenue of the Americas

(574) 237-1184 New York, New York 10019

(212) 408-5100

Attorneys for Defendant Johnson Controls, Inc.

RONALD SCHMUCKER, et al.,

Plaintiffs,

v.

JOHNSON CONTROLS, INC. and

TOCON HOLDINGS, LLC,

Defendants.

Cause No. 3:14-cv-1593-JD-CAN

AMOS and DEBBIE HOSTETLER, RITA

CHAIREZ, BECKY NULL, and MARIA

TOVAR, on behalf of themselves and all

others similarly situated,

Plaintiffs,

v.

JOHNSON CONTROLS, INC. and

TOCON HOLDINGS, LLC,

Defendants.

Cause No. 3:15-cv-00226-JD-CAN

USDC IN/ND case 3:15-cv-00226-JD-CAN document 72 filed 12/19/15 page 1 of 4
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Defendant Johnson Controls, Inc. ("JCI"), by their attorneys, Chadbourne & Parke LLP

and Barnes & Thornburg LLP, respectfully submit this Motion to Disqualify the law firms of

Yoder, Ainlay, Ulmer & Buckingham LLP (the "Ulmer firm") and Taft, Stettinius & Hollister

LLP (the "Taft firm") as counsel for Plaintiffs in these actions pursuant to Indiana Rules of

Professional Conduct 1.6, 1.9, 1.10, 5.1, 7.1, 7.3, and 8.4 ("the Rules").

JCI recently discovered evidence that the Ulmer firm previously represented JCI in a

matter against defendant Tocon Holdings, LLC that was substantially related to the abovecaptioned litigation. JCI was previously unaware of the conflict, because JCI's outside real estate

counsel solicited the Ulmer firm's prior representation of JCI and paid the Ulmer firm's invoice.

The Ulmer firm's prior representation of JCI, which the Ulmer firm did not disclose to or request

a waiver of conflict from JCI, requires the disqualification of the Ulmer firm in these

proceedings under Indiana Rules of Professional Conduct 1.6, 1.9, 1.0 and 5.1. It also requires

disqualification of the Taft firm under clear Seventh Circuit precedent and its progeny.

The Taft and Ulmer Firms also should be disqualified under Rules 7.1, 7.3 and 8.4

because Plaintiffs' counsel improperly solicited each and every one of the named Hostetler

Plaintiffs in violation of these Rules. Specifically, every named Plaintiff testified that they did

not know Plaintiffs' counsel prior to being solicited, were not seeking legal counsel, and in at

least one case were not even aware of the contamination at issue in these cases prior to receiving

in-person cold-calls from Plaintiffs' counsel or attending marketing meetings organized by those

firms where Plaintiffs' counsel misleadingly represented that they were counsel for "the

Neighborhood" in litigation to be filed. This solicitation was in clear violation of the Rules of

Professional Conduct and should result in the disqualification of Plaintiffs' counsel.

USDC IN/ND case 3:15-cv-00226-JD-CAN document 72 filed 12/19/15 page 2 of 4
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For the foregoing reasons, more fully set forth in the accompanying Memorandum of

Law, JCI respectfully requests that the Ulmer firm and the Taft firm be disqualified from these

actions, that JCI be awarded its attorney fees for filing this motion, and for all other appropriate

relief.

Dated: December 19, 2015

Respectfully submitted,

Johnson Controls, Inc.,

By: /s/ Thomas J. Hall

One of Its Attorneys

Thomas J. Hall (admitted Pro Hac Vice)

Andrew E. Skroback (admitted Pro Hac Vice)

Lauren T. Lee (admitted Pro Hac Vice)

CHADBOURNE & PARKE LLP

1301 Avenue of the Americas

New York, New York 10019

(212) 408-5100

Kelly J. Hartzler (24929-20)

BARNES & THORNBURG LLP

700 1st Source Bank Center

100 North Michigan

South Bend, Indiana 46601-1632

(574) 237-1184

Attorneys for Defendant Johnson Controls, Inc.

USDC IN/ND case 3:15-cv-00226-JD-CAN document 72 filed 12/19/15 page 3 of 4
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CERTIFICATE OF SERVICE

The foregoing was filed electronically on December 19, 2015 with the Clerk of Court

using the CM/ECF system, which sent notice of the filing to:

Thomas A. Barnard

Rodney L. Michael, Jr.

Mellissa A. Gardner

TAFT STETTINIUS & HOLLISTER LLP

One Indiana Square

Suite 3500

Indianapolis, Indiana 46204-2023

John Ulmer

YODER AINLAY ULMER & BUCKINGHAM, LLP

130 N. Main Street

Goshen, Indiana 46526

Counsel for Plaintiffs

The foregoing was also sent via United States Priority Mail to the following:

James T. Young

Rubin & Levin P.C.

342 Massachusetts Avenue, Ste. 500

Indianapolis, IN 46204

Counsel for Bankruptcy Trustee for Tocon Holdings, LLC

L. Leona Frank Tocon Holdings, LLC

Frank Law, LLC c/o Tony Adkins

P.O. Box 55081 5722 Pond Ridge Circle

Indianapolis, IN 46205 Georgetown, Indiana 47122

Bankruptcy Counsel for Tocon Holdings, LLC Defendant

/s/ Thomas J. Hall

Thomas J. Hall

USDC IN/ND case 3:15-cv-00226-JD-CAN document 72 filed 12/19/15 page 4 of 4