2011) (quoting Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. Strike 1-5, Doc. In her reply brief, Lyda Hill asserts that, in ruling on her motion to dismiss, the court is entitled to consider its own prior rulings on Plaintiffs' numerous baseless post-judgment filings. Lyda Hill's Reply 2 note 1, Doc. Plaintiffs contend that they and their three children (Albert Galatyn Hill IV, Nance Haroldson Hill, and Caroline Margaret Hill) are contingent or remainder beneficiaries of various trusts created as a result of the GSA and the Final Judgment. License our industry-leading legal content to extend your thought leadership and build your brand. She requests that the court, in considering her motion, take judicial notice of documents from the 2020 Action and the other underlying settled litigation. Id. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendantsat whom he lobbed lawsuits. 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. 28. He was 72. In support, they contend that in their motions, Defendants allude to an array of documents irrelevant to the allegations in Plaintiffs' Complaint. Pls.' Great Plains Trust Co. v. Morgan Stanley Dean Witter, 313 F.3d 305, 312 (5th Cir. Lyda Hill (born 1942). Here, even were Plaintiffs to seek leave to amend, the above-listed factors would cause the court to deny the request. 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. 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. 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. The Hill Jr. 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. 2020 Action, Doc. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. 1-3 at 10 Art. 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. 2014). 999 at 8-9, 8.a and at 20-22, 9.a. Hunt, one of the worlds richest men when he died in 1974, said the opinion. 999 at 6, 5; Doc. Hill III opposes the motions. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. 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). The decision is available here. Sonnier v. State Farm Mutual Auto. The following year, Hill and his family purchased Highland . Spivey, 197 F.3d at 774. 1. Id. Albert Galatyn Hill Sr. (1904-1988) married Margaret Hunt, a daughter of H.L. Terms of Service. In this regard, a document that is part of the record but not referred to in a plaintiff's complaint and not attached to a motion to dismiss may not be considered by the court in ruling on a 12(b)(6) motion. Al III, who talks openly about his faith and describes himself as a community advocate, says he sued Tom, his father and other relatives as a matter of principle. The only remaining question is how much he may owe his sisters in additional costs and fees. LDC v. Phillips, 401 F.3d 638, 642 (5th Cir. Leave of court to amend should not be allowed for a party to act in bad faith, cause undue delay, or pursue amendments that are futile. Defendants correctly note, the filings at issue are motions, not pleadings. History 1800s. Trusts and, for Hill III's benefit, his one-third interest in the Disclaimed Beneficial Interests, because of the 2005 Disclaimer, were partitioned into the Hill III Trusts. 1996). This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. Trinity LLC is the general. Strike 1, Doc. 26 (original emphasis). Horton, Inc., 699 F.3d 812, 820 & n.9 (5th Cir. 22 at 521 (internal quotations omitted) (Hill III's Original Petition for Construction of Last Will and Testament). 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. Trusts would be exercised to exclude Hill III, irrespective of whether the Hill Jr. If you continue to use this site we will assume that you are happy with it. D. Hill Jr.'s Will and the Dissolution of the Hill Jr. 2003) (citation omitted). In addition, the court disagrees with Hill III and concludes that the motions relate to the current controversy and specifically address Plaintiffs' claims. ' Funk, 631 F.3d at 783 (quoting Norris, 500 F.3d at 461 n.9) (citation omitted); see also Cinel, 15 F.3d at 1341, 1343 n.6 (court may consider matters of public record, including a consent judgment, in deciding a Rule 12(b)(6) motion). Hunt. 3:07-cv-2020-L (the 2020 Action). Steubner Realty 19, Ltd. v. Cravens Rd. In ruling on such a motion, the court cannot look beyond the pleadings. Defendants, in their reply, maintain the court should deny Plaintiffs' Rule 12(f) motion to strike for the following three reasons: (i) the filing at issue is a motion, not a pleading; (ii) the Motion relates to the controversy before the Court as it specifically addresses Plaintiffs' claims; and (iii) Plaintiffs fail to note any specific language in the Motion they contend satisfies Rule 12(f)'s high standard to strike. Hill Jr. 2020 Action, Doc. See Pls.' Legacy. 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. App.-Houston [14th Dist.] 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. To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical. Lujan, 504 U.S. at 560. Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos Dj vu is defined as, among other things, a feeling one has seen or heard something before, and as something overly or unpleasantly familiar. Merriam-Webster's Collegiate Dictionary 329 (11th ed. Which memorial do you think is a duplicate of Albert Hill (30891234)? 1331, 1332. For the reasons that follow, the court will deny Plaintiffs' request. douglas county oregon firewood permit. This he does not do. For these reasons, in the alternative to dismissing Plaintiffs' claims against the Hill Jr. Pursuant to Federal Rule of Civil Procedure 12(f), Plaintiffs move to strike the pending motions to dismiss. ' Funk v. Stryker Corp., 631 F.3d 777, 783 (5th Cir. Two of those trusts are at issue here, namely: (1) the Margaret Hunt Trust Estate (MHTE); and (2) the Haroldson L. Hunt, Jr. Trust Estate (HHTE). Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 15(a)(2) of the Federal Rules of Civil Procedure. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. The terms of the Trust Instrument for the MHTE are the same as those of the HHTE except for the designation of, and reference to, the primary beneficiary of each trust. Albert G Hill, III, individually, and as a Beneficiary of the Margaret Hunt Trust Estate, derivatively on behalf of the Margaret Hunt Trust Estate, individually, As a beneficiary of the Haroldson Lafayette Hunt Jr. Trust Estate, and derivately on Behalf of the Haroldson, Plaintiff, represented by Emil Lippe, Jr. , Law Offices of Lippe & Associates & Diana . 2020 Action, Doc. 28 U.S.C. It can be equipped by level 75 Warrior, Paladin, Dark Knight, and Rune Fencer. 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. The court also rejects Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. 2002). Trusts while previously having agreed to, and benefitting from, the GSA to which Hill Jr.'s Disclaimer is attached. Id. 2020 Action, Doc. In accordance with Federal Rule of Civil Procedure 58(a), the court will issue a final judgment in favor of Defendants by a separate document. 26. Search all of 29Fifty Apartments's current and previously listed jobs and positions. 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. Trusts that were supposed to be preserved by the Final Judgment had been prematurely and unlawfully terminated by Hill Jr. and his cohorts, thereby destroying the valuable inheritance of Hill III and his descendants, from the H.L. R2 Invs. In addition to parsing through the terms of the trusts, the court is required, yet again, to revisit the Global Settlement and Mutual Release Agreement (the GSA) and the final judgment (the Final Judgment) issued on November 8, 2010, by the Honorable Reed O'Connor (Judge O'Connor) of the United States District Court for the Northern District of Texas (Dallas Division) in the lawsuit styled Hill v. Hunt et al., Civil Action No. 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. 2012) (consolidated appeal). Trusts, and the Waiver of Standing provision in the GSA and Final Judgment, therefore, bars him from seeking relief in this court with respect to the trusts at issue. He says he simply wants to know. Co. v. City of Mont Belvieu, Tex., 611 F.3d 289, 298 (5th Cir. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Public Records Policy. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. Albert Galatyn Hill Jr. 1945 - 2017 BORN 1945 DIED 2017 ABOUT St. Mark's School of Texas Trinity University FUNERAL HOME Sparkman/Hillcrest Funeral Home & Memorial Park 7405 West Northwest.