Bella Vista Chiropractic Trust, Robert Hogue, Trustee - Page 4




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               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 be                      






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Last modified: May 25, 2011