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Respondent filed a Motion to Dismiss for Lack of
Jurisdiction on the ground that the petition was not filed by a
person authorized to represent petitioner in this matter.
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 Tarragon 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 sessions 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
3 The record shows that no Form 56 was filed with the
Commissioner for Tarragon Trust.
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Last modified: May 25, 2011