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15-545 - NATIONAL FOUNDATION FOR SPECIAL NEEDS INTEGRITY, INC. v. REESE


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15-545 - NATIONAL FOUNDATION FOR SPECIAL NEEDS INTEGRITY, INC. v. REESE
February 5, 2016
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ENTRY ON MOTION TO DISMISS AMENDED COUNTERCLAIM - Before the Court is Plaintiff National Foundation for Special Needs Integrity, Inc's. ("National Foundation"), Motion to Dismiss the Defendant's Amended Counterclaim (Filing No. 27), pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the Motion to Dismiss is DENIED. (See order). Signed by Judge Tanya Walton Pratt on 2/5/2016. (JLS)
October 26, 2016
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on. 2. National Foundations defense of laches as to the counterclaim. (See order.) Signed by Judge Tanya Walton Pratt on 10/26/2016. (JLS)ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND MOTION FOR LEAVE TO FILE SUR-REPLY - For the aforementioned reasons, the Court GRANTS in part and DENIES in part National Foundation's Motion for Summary Judgment (Filing No. 54). The Court DENIES Reese's Motion for Summary Judgment (Filing No. 66), and DENIES National Foundation's Motion for Leave to File Sur- Reply (Filing No. 74). The Court agrees that the pertinent sections of the trust agreement are unambiguous and that National Foundation has complied with the plain language of the trust documents; however, there is a genuine issue of material fact regarding Givens' intent and whether equity in the form of reformation should intervene. On the defense of laches, the Court concludes that there remains a genuine issue of material fact as to inexcusable delay, to an implied waiver and prejudice. The issues remaining for trial are the following: 1. Reese's counterclaim for reformati
December 20, 2016
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ORDER granting in part 92 Motion for Protective Order. The Court orders that the deposition of Erin Ostmann shall not be conducted. Signed by Magistrate Judge Denise K. LaRue on 12/20/2016. (CBU)
March 21, 2017
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOLLOWING BENCH TRIAL - For the reasons stated above, the Court finds against the Estate on their claim for reformation and in favor of National Foundation on their defense of laches. Judgment consistent with this Entry shall now issue in a separate order. (See Order.) Signed by Judge Tanya Walton Pratt on 3/21/2017.(JLS)