212-6; Doc. Factual Background and Procedural History Because this case is the subject of a prior memorandum opinion, Full title:ALBERT G. HILL, III and ERIN NANCE HILL, Plaintiffs, v. THE ESTATE OF, Court:United States District Court, Northern District of Texas. Further, it is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. 1-2 at 10 Art. Hunt. Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge. Lyda Hill's Reply 6, Doc. The Galatyn Woodland Preserve exists today as a mixture of remnant native plants and species brought in to reestablish the woodland area. II, in ruling on such a Rule 12(b)(6) motion to dismiss, the court cannot look beyond the pleadings. The court does not intend to consider any other matter arising out of the GSA, the Final Judgment, the MHTE, or the HHTE, except for what is pending in the 2020 Action. Trusts will not inure to Plaintiffs' benefit. Judicial estoppel has three elements: (1) The party against whom it is sought has asserted a legal position that is plainly inconsistent with a prior position; (2) a court accepted the prior position; and (3) the party did not act inadvertently. Allen v. C & H Distributors, L.L.C., 813 F.3d 566, 572 (5th Cir. Before the court are Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) and Brief in Support (other than Defendant Lyda Hill) (Doc. Plaintiff opposes the grant of a motion to stay because it is not warranted under existing legal standards and is being sought here for reasons inconsistent . 2019-09-05, Dallas County District Courts | Other | When the allegations of the pleading do not allow the court to infer more than the mere possibility of wrongdoing, they fall short of showing that the pleader is entitled to relief. HILL, JR., Albert Galatyn Businessman and philanthropist Al G. Hill Jr., a devoted father and grandfather, died in his sleep Saturday night at his home in Dallas. Margaret Hunt Hill was born on October 19, 1915, in Lake Village, Arkansas. LexisNexis and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. App.-Houston [14th Dist.] The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. About Us| Plaintiffs themselves state in their Response at heading F: The Parties Agreed that this Action Must be Brought in this Court. Pls.' The court, at this time, denies without prejudice Lyda Hill's request for sanctions. 2020-01-27, Dallas County District Courts | Other | Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos When a plaintiff raises an argument for the first time in response to a dispositive motion, the court may consider those claims and arguments as a motion to amend under Federal Rule of Civil Procedure 15(a). Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 15(a)(2) of the Federal Rules of Civil Procedure. She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. 999-1 at 7-8. Strike 1-5, Doc. (quoting Venture Assocs. Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. Although the history of the dispute between Hill III and his deceased father (and other relatives) is beyond the scope of this opinion, resolving the pending motions to dismiss the Complaint requires the court to revisit the trusts at issue, the 2020 Action, the GSA, and the Final Judgment. 2022-12-21, Dallas County Texas Courts | Probate | 2, Dallas County, Texas (the "Estate Action"), seeking to admit the Will to probate, and to appoint an independent executor. Defendants contend that Hill III is estopped from contending Hill Jr. does not have powers of appointment in the Hill Jr. Plain English. 2020) (citations omitted). 1927. 1883 at 2 (July 3, 2018 Memorandum Opinion and Order). The Final Judgment enforced the agreeing parties' waiver of standing provision, whereby each agreeing party, defined to include Hill III, agreed to waive any right to demand information, seek accountings, or assert any claim or cause of action in connection with, any trust for the primary benefit of a descendent of Margaret Hunt Hill of which he or she was not a current beneficiary: As the undersigned has held, per the Waiver of Standing clause, each of the parties agreed to waive his or her standing and right to demand information, seek accountings, or assert any claim or cause of action in connection with any trust for the primary benefit of a descendant of Margaret Hunt Hill of which he or she was not a current beneficiary. 2020 Action, Doc. At that point, Hill III agreed not to contest the last will and testament of his father, Albert Hill Jr., in return for a nine-figure payment. The decision is available here. 2010) (citation omitted); see also Ulico Cas. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. 2. Albert Gallatin (29 January 1761 - 12 August 1849) was the United States Secretary of the Treasury from 14 May 1801 to 8 February 1814, succeeding Samuel Dexter and preceding George W. Campbell. and Mot. Hunt Dallas entrepreneur and philanthropist Al G. Hill Jr. died in his sleep at his Highland Park home in December 2017, family members said. MISC. 1990, no writ)). 1997) (en banc). albert galatyn hill iii. 2020 Action, Doc. Id. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. We know that Albert Galatyn Hill Jr had been residing in Dallas County, Texas. Resp. Hill III sought an injunction to preserve the assets of the Hill Jr. Freundschaft aufhoren: zu welchem Zeitpunkt sera Semantik Starke & genau so wie parece fair ist und bleibt 7 czerwca 2022 999 at 8-9, 8.a and at 20-22, 9.a. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. She Was Murdered On Her Way To College Fifty Eight Years In The Past Cops Lastly Know Her Killer He accuses them of placing Boo's life history on show for the edification of the neighborhood. In 2007, Hill Jr. sought to rescind his 2005 disclaimer, along with another partial disclaimer he had executed in 2007. As recently summarized by the Fifth Circuit: The Fifth Circuit also recognized in Hill v. Washburne, After protracted [and] complicated' litigation, Hill v. Schilling, 593 Fed.Appx. 2004). On March 22, 2005, Hill Jr. executed a disclaimer as to certain portions of the equitable interests he was to receive under the MHTE (the 2005 Disclaimer) in favor of his three children: Hill III, Washburne, and Summers. Plaintiffs further argue that both Motions are replete with the sort of name calling and character assassination that should be excluded from pleadings. Id. Rule 12(f) motions are viewed with disfavor and granted only when the pleading to be stricken has no possible relation to the controversy. Securities Exch. Id. EVENT; Comment: REQUEST FOR LETTERS, DocketINVENTORY AND APPRAISEMENT REMINDER, DocketNOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, DocketMOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL, DocketPOSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, DocketWILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, DocketISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, FinancialFinancial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. . A party need not show a false representation or detrimental reliance to prove quasi-estoppel. Having considered the motions, responses, replies, pleadings, record, and applicable law, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. Yet, over the next four years, our court weighed in on the settlement' four times. In 1892, in the midst of a deep and treacherous fog, the Albert Gallatin, "considered one of the U.S. Revenue Cutter Service's most able seagoing vessels," wrecked at Boo Hoo Ledge in Manchester-by-the-Sea, Massachusetts.On January 6 th, 1892, Captain Gabrielson piloted the Albert Gallatin on a routine voyage between Kittery, Maine and Provincetown, Massachusetts. Hill was the oldest grandson of legendary Texas oilman H.L. Copyright 2023 ALM Global, LLC. Hill III's incessant litigation and filings in this court following the entry of the Final Judgment by Judge O'Connor on December 8, 2010, and on appeal before the Fifth Circuit, which has weighed in on the settlement five different times, Hill, 953 F.3d at 302, evoke what can only be described as dj vu. The Fifth Circuit affirmed the Final Judgment. As Lyda Hill correctly argues, [b]y these action, post-settlement, Hill III and Erin Hill confirmed that a Beneficiary' of the trusts has the very same power of appointment they now challenge with respect to the dissolution claims they bring in this lawsuit against the Hill Jr. 2007). 2014), squabbling over the trusts was supposedly ended by a settlement agreement confected in 2010. The better, and more reasonable, course of action, therefore, is to dismiss these claims with prejudice. See Burke v. Barnes, 479 U.S. 361, 363 (1987). On May 13, 2010, the parties entered into the GSA (Doc. Lyda Hill (born 1942). Don't miss the crucial news and insights you need to make informed legal decisions. Id. Law Offices of Gary Martin Hays & Associates 999 at 20, 8.i; Doc. In the GSA, the parties stipulated that Hill Jr.'s 2005 Disclaimer was valid. According to Plaintiffs: The Hill Jr. A federal court has subject matter jurisdiction over civil cases arising under the Constitution, laws, or treaties of the United States, or over civil cases in which the amount in controversy exceeds $75,000, exclusive of interest and costs, and in which diversity of citizenship exists between the parties. 31. Galatyn (, Garatn? illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. 2020 Action, Doc. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Eleventh Circuit. Our Team Account subscription service is for legal teams of four or more attorneys. 12, Doc. An alert FrontBurnian gave me a heads up that the Fifth Circuit Court of Appeals issued a decision on Tuesday that looks like it might put a period at the end of that saga. The appellate court upheld the terms of the lower courts order prohibiting Hill III from contesting Hill Jr.s will in any matter, in any court, in any future world. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, WORKERS COMPENSATION ATTORNEY - Hartford, CT, Offering an Opportunity of a Lifetime for Personal Injury Lawyers, What Does Your Business Agreement Really Mean? Estoppel by contract binds a party to the terms of his or her own contract, unless the contract is void, annulled, or set aside in some way. Dist., 81 F.3d 1395, 1401 (5th Cir. Plaintiffs contend that because Defendants' respective motions improperly make factual assertions that exist outside the pleadings and rely on matters outside the pleadings, the court must convert their motions to dismiss into motions for summary judgment. Defendants and Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are estopped under the doctrine of quasi-estoppel (or estoppel by contract) from asserting their claims as set forth in the Complaint. It can be equipped by level 75 Warrior, Paladin, Dark Knight, and Rune Fencer. This lawsuit filed by Hill III and Erin Hill-the latest chapter in this protracted and complicated litigation, Hill, 953 F.3d at 301 (citation and internal punctuation omitted)-brings to mind the oft-quoted words of Yogi Berra, It's like dj vu all over again. Nate Scott, The 50 Greatest Yogi Berra Quotes, USA Today (March 28, 2019), https://ftw.usatoday.com/2019/03/the-50-greatest-yogi-berra-quotes (last visited March 24, 2022). The court and counsel for Hill III (Ms. Aldous) specifically confirmed on the record to Lyda Hill's counsel (Mr. Ikard) that claims relating to the power of appointment and the words per stirpes giving Plaintiffs any interest in Lyda Hill's HHTE trust were released and would be dismissed with prejudice. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. https://www.law.com/texaslawyer/2020/02/05/left-nothing-by-tycoon-father-albert-hill-is-now-on-the-hook-for-hefty-attorney-fees/. 879 at 39-40; Doc. The estate of albert galatyn hill, jr., through its independent executor margaret keliher, the estate of albert galatyn hill, jr., through its independent . 999 at 22-23. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? In contrast to the recognition of Hill Jr.'s 2005 Disclaimer, Plaintiffs agreed on behalf of themselves and their children, in the GSA and as confirmed in the Final Judgment that there is no disclaimer by Lyda to the MHTE or HHTE, and agree[d] that they shall not, and they are hereby ORDERED not to, assert any claims, cause of action, count, or counter-claim to the contrary. 2020 Action, Doc. Trusts and the purported termination and dissolution of the Lyda Hill Trusts: Breach of Contract (Count One) (except as to Defendants Donnally and Tatham); Declaratory Relief (Count Two) (against all Defendants); Imposition of a Constructive Trust/Conversion (Count III) (against all Defendants); Tortious Interference with Contract (against Donnally and Tatham only) (Count IV); Breach of Fiduciary Duties and Fee Disgorgement (against Donnally, Irwin, and Tatham) (Count V); Aiding and Abetting Breach of Fiduciary Duties (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count VI); Civil Conspiracy (against all Defendants) (Count VII); Aiding and Abetting (against Hill Jr., Keliher, Miller, Lyda Hill, Washburne, and Summers) (Count VIII); Unjust Enrichment (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count IX); Equitable Reformation (against all Defendants) (Count X); and Exemplary Damages (against all Defendants). Estoppel by contract precludes a party to a valid instrument from denying the truth of the recitals in the instrument. $266.00, FinancialFinancial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, FinancialFinancial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, DocketAPPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY, Dallas County Texas Courts | Probate | They assert that Defendants, following the December 2, 2017 death of Hill III's father, Albert G. Hill, Jr. (Hill Jr.), have breached their duties owed to Plaintiffs in the GSA and Final Judgment by terminating and dissolving these trusts in 2016, rather than allowing them to terminate twenty-one years after the deaths of their initial beneficiaries. 999 at 12-13, 8.f.i and 8.f.ii; Doc. Inc., 342 F.3d 563, 566 (5th Cir. 9.c. 2020 Action, Doc. 1994) (citation omitted). The court noted that Hill III's failure to disprove the validity of Hill Jr.'s Powers of Appointment would bar him as a matter of law from seeking relief regarding dissolution of the Hill Jr. Defendants correctly note, the filings at issue are motions, not pleadings. According to his family tree, he married Patricia Ann Hillon August 30, 1966 in Texas. The pleadings include the complaint and any documents attached to it. As the court will not consider any other documents in ruling on the pending Rule 12(b)(6) motions, the court denies Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. 2001). Hill Jr. Hunt and his wife Lyda Bunker Hunt created trusts for their six children. Further, as Lyda Hill points out, the vexatious label was a term first used by the court, and, in any event, does not provide a basis for striking her motion. 2 regarding Hill Jr.'s Powers of Appointment. All Rights Reserved. Copyright 2023, D Magazine Partners, Inc. We use cookies to ensure that we give you the best experience on our website. All factual allegations of the complaint, however, must be accepted as true. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. 1996), rev'd on other grounds, 113 F.3d 1412 (5th Cir. Defendants and Lyda Hill each incorporated the other's briefing by reference, the court will consider the motions in tandem. 999 at 7-9, 8.a, 9.a. The court will also take judicial notice of matters of public record. 2015, no pet.) They make similar allegations against Lyda Hill. Sonnier v. State Farm Mutual Auto. Legacy. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. It is clear that Plaintiffs seek to benefit from Hassie having exercised the same power of appointment they now argue that Hill Jr. did not possess when he exercised his power of appointment in his 2014 Will. 26. Contest Clause from the GSA, ordered Hill III and Erin Hill (in all their capacities) and the Grandchildren not to contest Hill Jr.'s will or challenge the disposition of his property: Finally, consistent with the Settlement Agreement, Judge O'Connor retained continuing jurisdiction over the implementation and enforcement of the Final Judgment. Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 103 (1998). 2001) (citation omitted). III 3 (MHTE); Exhibit C to Pls.' (citations omitted). Likewise, Erin Hill favored the asset protection trust alternative alone rather than coupling that approach with the purchase of a life insurance policy with their children as beneficiaries, objecting that Hill III essentially would lose his independent appointment power and he would have to pay to assure that loss, making him the only trust beneficiary paying for the right to forgo a power. The only remaining question is how much he may owe his sisters in additional costs and fees. Multi-Unit Residential; Residential; Hospitality Appellate Briefs . In considering a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, a court may evaluate (1) the complaint alone, (2) the complaint supplemented by undisputed facts evidenced in the record, or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts. Den Norske Stats Oljeselskap As v. HeereMac Vof, 241 F.3d 420, 424 (5th Cir. 1991, no writ). Compl., Doc. Claire . B. (quotation marks, citations, and footnote omitted). On December 22, 2017, Hill III entered the probate proceedings, challenging the terms of the will that appointed executors to [the Hill Jr. ALBERT G. HILL, III, . IV 3 (HHTE). LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. 22 at 521 (internal quotations omitted) (Hill III's Original Petition for Construction of Last Will and Testament). Your article was successfully shared with the contacts you provided. Constitutional standing is assessed at the time a plaintiff commences an action. Reply 10-11, Doc. In addition, the court disagrees with Hill III and concludes that the motions relate to the current controversy and specifically address Plaintiffs' claims. On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade. Ohrt v. Union Gas Corp., 398 S.W.3d 315, 329 (Tex. 1331, 1332. In the Estate of Richard White Burk, Deceased. To satisfy the irreducible constitutional minimum of standing under Article III, a plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. Spokeo, 578 U.S. at 338 (quoting Lujan, 504 U.S. at 560). 1-3 at 10-11, Art. Defendants oppose these requests in their respective reply briefs. Things got ugly and complicated as family conflicts are wont to do. Trusts because he was not a current beneficiary. Resp. Trusts. 480, 482-83 (5th Cir. Abraham Alfonse Albert Gallatin (January 29, 1761 - August 12, 1849) was a Genevan - American politician, diplomat, ethnologist and linguist. In the event, however, that the appellate court holds that Plaintiffs have standing, the court addresses certain aspects of the pending motions to dismiss based on Rule 12(b)(6), specifically Defendants' respective arguments that Plaintiffs are estopped from asserting their claims. Brings new meaning to the phrase Sunday Funday. A.G. Hill Partners, LLC and Galatyn Asset Management LLC may be deemed to beneficially own all of the shares of Common Stock held by Galatyn Equity Holdings LP. 3:07-cv-2020-L (the 2020 Action) are referenced herein as 2020 Action, Doc. 2005). Hill Jr. denied); Royalco Oil & Gas Corp. v. Stockhome Trading Corp., 361 S.W.3d 725, 732 (Tex. hidden hills gated community homes for sale Location ron cheats on hermione with lavender fanfiction dramione completed Kolkata (City Center 1) anne arundel county inspections and permits Saltlake Sector 5 (Megatherm/Pantaloon Building) no operations defined in spec swagger net core Saltlake Sector 5 (Webel More) In his will, Hassie exercised his general testamentary power of appointment in the HHTE in favor of the lineal descendants of my sister Margaret Hunt Hill, per stirpes. 2020 Action, Doc. Family. which best describes the pillbugs organ of respiration; jesse pearson obituary; ion select placeholder color; best fishing spots in dupage county 2005) (citations omitted). Clark v. Tarrant Cnty., 798 F.2d 736, 741 (5th Cir. 2012) (citation omitted). Defendants contend that, insofar as they are moving to dismiss under Rule 12(b)(1) for lack of standing, Rule 12(d) does not authorize the court to convert their motion to a motion for summary judgment. Under the doctrine of quasi-estoppel (or estoppel by contract), they contend it is prejudicial to Defendants and inequitable for Hill III to contend today (after receiving a nine-figure monetary amount in consideration through the GSA and Final Judgment) that Hill Jr. did not have powers of appointment in the Hill Jr. The CEO of Hunt Investment Holdings on his under-the-radar favorite restaurant and why he is learning Turkish. Defendants are arguing that Plaintiffs lacked constitutional standing when they commenced this action. The doctrine of mootness is embedded in Article III's case or controversy requirement and requires that an actual, ongoing controversy exist at all stages of federal court proceedings. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. A case becomes moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome of the litigation. 2020 Action, Doc. On 01/25/2022 Albert Hill, III filed an Other lawsuit against Commissioner of Internal Revenue. But for Hassie's powers of appointment, Hassie's interest in the HHTE would have passed to Hassie's then living siblings and/or the descendants of his pre-deceased siblings, rather than to only Margaret Hunt Hill's lineal descendants upon Hassie's death. Home; About Us; Services; Projects. 2020 Action, Doc. Galatyn is a mid-ranked weapon for . The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). Likewise, [d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [the plaintiff's] claims. 1. Along the water edges, the riparian area in the Preserve is a vegetation zone that is an important transition between the local upland and aquatic ecosystems. See 2020 Action, Doc. Galatyn is a great sword that provides 85 damage and 494 delay. "Together?we the people?achive more than any single person could ever do alone. personal injury; Boolean (richard or dick) and cheney . They bought a $9 million dollar estate in swanky Buckhead (think Highland Park on Strait Lane in Dallas), closed on it in July. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? As the court has granted dismissal under Rule 12(b)(1), it need not consider the remaining arguments in support of the pending motions to dismiss. Don Donnally, Jr. (Donnally), individually and in his capacity as the court appointed trustee for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Carol E. Irwin (Irwin), in her capacity as Personal Representative and Independent Executor of the Estate of Ivan Irwin, Jr., Deceased; Thomas P. Tatham (Tatham), individually and in his capacity as an advisory board member for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Heather Hill Washburne (Washburne), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Heather Termination Beneficiary Trust; Elisa Hill Summers (Summers), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Elisa Termination Beneficiary Trust; and Lyda Hill. Consistent with the GSA, the Final Judgment declared Hill Jr.'s 2005 Disclaimer valid and partitioned portions of the MHTE and the HHTE, as to which Hill Jr. did not disclaim any of his equitable interests, into the Hill Jr. As this order is referenced in the Complaint and attached to Lyda Hill's motion to dismiss and central to Plaintiffs' claims against her, the court has considered it and agrees that Plaintiffs have mischaracterized the order as terminating the Lyda Hill Trusts. at 11. The [f]actual allegations of [a complaint] must be enough to raise a right to relief above the speculative level . . Sword given to a knight by a spirit of the lake. 999 at 43, 45. Cancellation and Refund Policy, Privacy Policy, and 2014). Rule 12(b)(6) - Failure to State a Claim. Things got ugly and. In her motion to dismiss, Lyda Hill notes that Plaintiffs' Complaint is replete with references to the underlying settled federal and state court litigation . We will review the memorials and decide if they should be merged. I. Dallas, Texas 75201. Mar. 28. Pursuant to Federal Rule of Civil Procedure 12(f), Plaintiffs move to strike the pending motions to dismiss. While a complaint need not contain detailed factual allegations, it must set forth more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Twombly, 550 U.S. at 555 (citation omitted). Date Event Type Description Document; 03/21/2017: Reply brief filed: State [ PDF/68 KB ] State Reply Brief [ PDF/85 KB ] Notice: 02/15/2017:

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