- 4 - C. Respondent’s Motion and Supplement Respondent filed a motion to dismiss for lack of jurisdiction. In the motion, respondent asserts that this case should be dismissed for lack of jurisdiction “on the ground that the petition was not filed by a trustee authorized to bring suit on behalf of the trust.” Upon the filing of respondent’s motion to dismiss, the Court issued an Order directing Bella Vista to file an objection, if any, to respondent’s motion, taking into account Rule 60 and attaching to its objection a copy of the trust instrument or other documentation showing that the petition was filed on behalf of a fiduciary legally entitled to institute a case on Bella Vista’s behalf. Shortly after the issuance of the foregoing Order, respondent filed a Supplement to respondent’s motion to dismiss, attaching thereto copies of certain documents that respondent had just received from Robert Hogue. The Court then extended the time within which Bella Vista was to file any objection to respondent’s motion to dismiss, as supplemented. D. Bella Vista’s Objection Ultimately, the Court received an Objection, leave for the filing of which was granted, to respondent’s motion to dismiss, as supplemented. The Objection, which was signed by Robert Hogue, has as its core thesis that this case should bePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011