Fennel Trust - Page 3




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          Petitioner filed a response to respondent’s motion, asserting               
          that Paul Jablonski is its duly appointed trustee.                          
               The Court subsequently issued an Order directing petitioner            
          to file a supplemental response to respondent’s motion to dismiss           
          attaching thereto:  (1) A complete copy of the original trust               
          instrument; (2) a complete copy of all trust records relating to            
          the appointment, resignation, and/or acceptance of appointment by           
          trustee(s); and (3) a copy of all Forms 56, Notice of Fiduciary             
          Relationship, if any, filed with the Commissioner in the name of            
          the trust.  Thereafter, petitioner filed a supplemental response            
          to respondent’s motion, attaching several documents, including              
          the purported Fennel trust instrument and certain records                   
          relating to the appointment of trustees.3                                   
               This matter was called for an initial hearing and, later, an           
          evidentiary hearing at motions session in Washington, D.C.                  
          Counsel for both parties appeared at the hearings and offered               
          argument and evidence with respect to respondent’s motion to                
          dismiss.                                                                    
               At the evidentiary hearing, the parties lodged a stipulation           
          of facts with attached exhibits, which was received by the Court            
          and filed as evidence in respect of the jurisdictional issue                
          presented by respondent’s motion to dismiss.  At the conclusion             
          of the hearing, the Court directed the parties to file memorandum           

               3  The record shows that no Form 56 was filed with the                 
          Commissioner for Fennel.                                                    




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