Centennial Bank v. Powell
| Centennial Bank |
| Rena Wood Powell |
| Helen Robins |
| 3:2017cv00226 |
| August 21, 2017 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Lawrence |
| D. P. Marshall |
| Other Fraud |
| 28 U.S.C. ยง 1441 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
324
ORDER: Status report 322 appreciated. The Court appreciates the good progress on notice to qualified beneficiaries and interested parties. Report on service of the rest of them due by 1/6/2020. The Court appreciates the monthly reports from Linder & Associates. Further monthly reports due 1/6/2020. 322 Request for attorney's fees granted. 323 Motion for attorney's fees granted. The Court directs the Clerk to file this Order in this case and 3:17-cv-227; administratively close 3: 17-cv-227; open a new case, styled In re Elijah and Mary Stiny Trusts; mark 3:17-cv-226 and 3:17-cv-227 as cases related to the new one; and associate the following attorneys with the new case: Elan Darvish, Martin Emmett Lilly, and G.S. Brant Perkins. Key orders from those two cases will be available as landmarks as needed in the new case. All new entries must be filed under the new case and docket number. Signed by Chief Judge D. P. Marshall Jr. on 12/2/2019. (jak)
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Filing
321
ORDER: 319 status report from Wood appreciated. The Court discharges Centennial Bank as guardian of the estate of Mary Moore Stiny. The Court orders Bank of America to pay Rena Wood $3,937.50 from account No. xxxx5307. This payment resolves Wo od's request for reimbursement of trust-related litigation fees, both as to Larry McCredy in particular and across the board. 320 Petition from co-trustees noted. The Court approves reimbursement. The Court orders Bank of America to make the $500 payment from account No. xxxx5307 in the name of the "Survivor's Trust Under the Elijah G. andMary Moore Stiny Trust" to "The Perkins Law Firm, P.A." The Court further orders Bank of America to pay $5,000 to "SLBiggs" from account No. xxxx5307, as the retainer for tax-related services. The Court orders Bank of America to issue a check for $100,000 payable to "G.S. Brant Perkins and Rena Wood, Co-Trustees of the Elijah G. and Mary M. St iny Trust - Survivor's Trust." The Court directs the Clerk to send Perkins three certified copies of this Order to assist in implementing it with Bank of America and whatever bank the co-trustees decide to use for the checking account. Status report from co-trustees due by 11/1/2019. for the co-trustees' information, the current amount in the Court's registry is $262,409.86. Signed by Chief Judge D. P. Marshall Jr. on 9/10/2019. (jak)
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Filing
317
ORDER: Status report from Centennial on delivery of guardianship property by 8/30/2019. Reimbursement of attorney's fees incurred and documented so far approved. Bond approved. Status report on McCredy fees due from Wood by 8/30/2019. The Court directs the Clerk to send Wood's local counsel a certified copy of this Order to facilitate payment. The 315 bond is approved. Signed by Chief Judge D. P. Marshall Jr. on 8/19/2019. (jak)
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Filing
312
ORDER granting 310 Motion. Funeral expenses approved. Deposit of advance into Trust account approved. The Court appreciates Mr. Lilly's handling of these matters. Signed by Chief Judge D. P. Marshall Jr. on 7/31/2019. (jak)
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Filing
309
ORDER: The Court appreciates the parties' joint status report, 308 . The Court notes and approves Centennial's dismissal of the case against The First National Bank of Lawrence County. The Court appoints G.S. Brant Perkins as co-trustee of the Survivor's Trust of the Elijah and Mary Stiny Trust dates 6/6/2000, as amended, on the terms outlined in his 6/7/2019 letter, No. 308 -1 at 5. Confirming report from Centennial Bank on payments anddelivery due by 7/31/2019. Lilly should al so be in a position to account for Stiny's final medical expenses and funeral expenses by that date. If there are any excess funds, Lilly should deposit them in Bank of America account No. xxxxx-5307. Further report from Wood on trust-related a ttorney's fees also due by 7/31/2019. Proposed bond due by 8/30/2019. Report from Wood and Perkins on notice to potential beneficiaries due by 8/30/2019. Report on tax issues also due by 8/30/2019. Signed by Judge D. P. Marshall Jr. on 7/1/2019. (jak)
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Filing
307
ORDER granting 304 Motion. The Court directs Bank of America to pay $25,000 to Martin E. Lilly, attorney at law. Lilly must deposit the money in his trust account, use it to pay medical expenses for Mary Moore Stiny's last illness and her funeral expenses, and account to the Court for all payments in due course. In their 6/14/2019 joint report, No. 303 , the parties should cover the new issues: ending the guardianships, opening a probate estate in Lawrence County Circuit Court, and the effect of Mrs. Stiny's death on trust-related issues. Signed by Judge D. P. Marshall Jr. on 6/6/2019. (jak)
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Filing
303
ORDER directing the Clerk to file this Order in both cases. Helen Robins is relieved as guardian of Mrs. Stiny's person and Joyce Roberts is appointed in her place. Beverly Moore's 299 request for another caregiver payment is denied. Co-tr ustee's fees to Rena Wood directed now (for April, May, and June) from the Bank of America account and on the first of each month starting 7/1/2019. Further information from Wood-on trust-related fees, Exemption Trusts implementation, tax retu rns, and rent proceeds deposit-requested by 6/14/2019. Centennial is directed to dismiss the state case against the First National Bank of Lawrence County with prejudice, and provide notice to the Court by 6/14/2019. Centennial must also prepare for its discharge as guardian of Mrs. Stiny's estate, as specified. 301 Motion to appoint co-trustee granted as modified and with directions for details on Perkins's fee and bond by 6/14/2019. 45 Motion to intervene in case 3:17-cv-227 DPM denied without prejudice as moot. Roof replacement and related repairs approved and authorized. New Chase accounts for rent payments approved and authorized. 302 Joint Report, addressed. Signed by Judge D. P. Marshall Jr. on 5/15/2019. (jak)
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Filing
300
ORDER granting 296 Motion. The Court directs the Clerk to pay Lyons & Cone the balance of $42,200.83 from the registry. The Bank's unopposed motion for approval of its 2018 accounting as guardian of Mrs. Stiny's estate, No. 292 is granted. If Moore has anything further to say on why she is entitled to what appears to be a request for an additional payment, she must file her explanation by 3/29/2019. After the payment to Lyons & Cone directed in this Order, $262,409.86 will remain in the Court's registry. Signed by Judge D. P. Marshall Jr. on 3/18/2019. (jak)
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Filing
298
ORDER vacating the Judgment, 43, in case No. 3:17-cv-227 DPM. Though consolidated, the cases remain separate at least for purposes of entering judgment and appellate rights. The 295 Judgment in case No. 3:17-cv-226 DPM remains in place. Signed by Judge D. P. Marshall Jr. on 2/28/2019. (jak)
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Filing
295
JUDGMENT: Counts I, IV, V, and VII of Centennial Bank's second amended complaint are dismissed without prejudice. Counts II and III were tried to a twelve person jury from 12/11/2018 to 12/14/2018. They returned a unanimous verdict for Rena Wood and against Centennial Bank, 271 , which is incorporated. Counts II and III of Centennial Bank's second amended complaint are dismissed with prejudice. Rena Wood is not disqualified from serving as a trustee, but the Court declares that it is in the best interest of Mrs. Stiny and all the beneficiaries of the Elijah and Mary Stiny Trust, and all its sub-trusts, that Wood serve only with a co-trustee. The Court will appoint one in due course. Centennial Bank prevailed and is entitled to th is partial declaratory judgment on Count VI of its second amended complaint. Count VI is otherwise dismissed with prejudice. Count VIII is dismissed with prejudice. The Court retains jurisdiction to make the trustee appointments and resolve ongoing issues about fees, expenses, and administration of the Elijah and Mary Stiny Trust, and all its sub-trusts. Signed by Judge D. P. Marshall Jr. on 2/25/2019. (jak)
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Filing
281
ORDER mostly granting and partly denying 278 Motion for attorney's fees. The Court directs Bank of Ameriica to pay Lilly Law Firm $66,611.58 from account No. xxxxx-5307. The Court directs Bank of America to pay The Darvish Firm $168,343.42 from account No. xxxxx- 5307 for a reasonable fee and expenses. Signed by Judge D. P. Marshall Jr. on 1/24/2019. (jak)
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Filing
277
ORDER granting 184 Motion. The Court directs Centennial Bank to pay Mark R. Johnson, attorney for Helen Robins as guardian of Mrs. Stiny's person, $25,156.25. The Court directs the Clerk of Court to pay Centennial Bank $25,156.25 from the funds held in the registry to replenish the guardianship account. Signed by Judge D. P. Marshall Jr. on 12/21/2018. (jak)
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Filing
257
ORDER denying with instructions 253 Motion in Limine. Signed by Judge D. P. Marshall Jr. on 12/11/2018. (jak)
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Filing
252
COURT'S FINAL PRELIMINARY INSTRUCTIONS. Filed at the Direction of the Court on 12/10/2018. (jak)
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Filing
239
ORDER: Pursuant to General Order 54, the Court authorizes Coleman Taylor to bring a cell phone, laptop computer, or personal digital assistant into the E.C. Gathings Federal Building and U.S. Courthouse in Jonesboro on 12/10/2018 through 12/14/2018 for a trial in this case. Signed by Judge D. P. Marshall Jr. on 12/6/2018. (jak)
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Filing
232
ORDER: The parties were unable to resolve their disputes about some parts of Paul Tennen's evidentiary deposition. The Court's ruling are noted in the margin on the attached copy of their joint report. The Court also attaches counsel's letter about the color legend for Tennan's deposition and the color-coded transcript. Joint Report, 193 addressed. Signed by Judge D. P. Marshall Jr. on 12/5/2018. (jak)
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Filing
218
ORDER: Counts I, IV, and V and VII of 37 Second Amended Complaint are dismissed without prejudice. Counts II, III, VI, VIII, and IX will go to trial on 12/10/2018. 169 & 174 motions in limine are partly granted and partly denied, with caveats; 176 Motion is granted on the two caregiver orders and otherwise denied; and partly granting and partly denying 171 Motion in limine with caveats. Signed by Judge D. P. Marshall Jr. on 11/28/2018. (jak) (Docket text modified on 11/28/2018 to correct the counts that were dismissed)(jak)
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Filing
209
ORDER approving the remaining caregiver claims at the reduced hourly rate of $15.00. The total is $69,511.93. The Court directs the Clerk to pay that amount from the funds in the registry to Centennial Bank for distribution to the individuals listed. 152 Joint report addressed. The Court further directs the Clerk to pay $100,000 from the registry to Centennial Bank for Mrs. Stiny's care. Signed by Judge D. P. Marshall Jr. on 11/14/2018. (jak)
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Filing
173
ORDER noting 168 belated response. The Court directs Centennial to provide Wood's lawyers an interim report on Mrs. Stiny's recent expenses, and recent income on guardianship assets held, by 11/16/2018. Signed by Judge D. P. Marshall Jr. on 10/29/2018. (jak)
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Filing
165
ORDER denying 158 Motion to quash and granting in part and denying in part 160 Motion for a protective order. Joint report on any such privilege dispute due by 11/16/2018. Signed by Judge D. P. Marshall Jr. on 10/16/2018. (jak)
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Filing
155
ORDER approving 140 notice of delivery of the deed to the Hoxie house and deposit of sale proceeds. Have the parties resolved the trial subpoena/records issues, No. 136 & 138 ?. Joint report due by 10/31/2018 if no consensus emerges. The Court n otes and approves 151 joint report on tax-returns issues. 143 Motion granted. The Court authorizes the Bank to pay itself $3,743.75 and to pay Lyons & Cone $3,550.00, from the guardianship account. 137 Motion for attorney's fees granted with directions. The Court authorizes Bank of America to pay the following amounts: Lilly Law Firm - $5,294.50 and The Darvish Law Firm - $26,020.50. 152 Noted; The Court will hear the claims of Helen Robins, Leslie Moore, Bev Moo re, Vernon Moore, and Tom Moore at 1:30 p.m. on 11/13/2018 in Jonesboro. The total for all the approved caregiver claims is $28,663.60 and the Court directs the Clerk to pay that amount from the funds in the registry to Centennial Bank for distribution to the individuals listed in this Order. Signed by Judge D. P. Marshall Jr. on 10/12/2018. (jak)
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Filing
139
ORDER: 135 Report of sale appreciated and approved. The Court confirms the sale and authorizes Centennial Bank to execute and deliver a warranty deed conveying fee simple title in Lots 3 and 4, Block 68, Gibson-Boas First Addition to the Town of Hoxie, Arkansas, to Brooke Nicole Pinkus. Signed by Judge D. P. Marshall Jr. on 9/11/2018. (jak)
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Filing
134
ORDER: Status report 131 noted and appreciated. It's approved. Bank of America is authorized to pay Dean Fredgant $12,000 from the Trust bank account. The parties are directed to agree on as many caregiver claims as possible. Status report due by 10/1/2018. If necessary, the Court will hold a short hearing on any remaining claims at 1:30 p.m. on 11/13/2018 in Jonesboro. Signed by Judge D. P. Marshall Jr. on 8/20/2018. (jak)
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Filing
133
ORDER granting 132 Motion. Bank of America must pay Darvish the following amounts contained in this Order. In the future, the Court will provide Bank of America a specific amount to avoid uncertainty. Signed by Judge D. P. Marshall Jr. on 8/16/2018. (jak)
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Filing
130
ORDER partly granting and partly denying 122 Motion to reconsider. The Court modifies No. 118 and increases the reasonable fee awarded to Darvish to $19,353.50. The importance of the California law issues in the case does not mean that Darvish should do most of the work in the case. Signed by Judge D. P. Marshall Jr. on 7/30/2018. (jak)
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Filing
129
ORDER granting 120 Motion to approve. Centennial is authorized to sell the Hoxie house to Brooke Pinkus pursuant to the parties' contract and to deposit the net proceeds into the Court's registry. Report of sale due by 9/14/2018. 125 Mo tion is granted, original 124 Motion denied as moot. All the expenses authorized in this Order are subject to the reimbursement condition of this Court's 5/30/2018 Order, 106 at 1-2. Joint status report on tax-related issues due by 9/28/2018. Signed by Judge D. P. Marshall Jr. on 7/27/2018. (jak)
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Filing
112
ORDER granting with directions 109 Motion to Quash. Wood must supplement her discovery responses by 6/15/2018 to include particulars about Smith. Signed by Judge D. P. Marshall Jr. on 6/8/2018. (jak)
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Filing
106
ORDER granting as modified 87 Motion for order. The Court adopts the agreed framework with some tinkering. Status report on progress towards sale due by 9/1/2018. 91 Motion granted. 93 Motion for attorney's fees reluctantly granted as modi fied. The Court authorizes payment of $7,000 of the $9,112.50 requested. The Court directs Wood and Linder & Associates to pay $2,475 as re-financing related fees; Wood must pay the balance from the Bank of America account. 101 Motion is denied without prejudice. There's no emergency. Signed by Judge D. P. Marshall Jr. on 5/30/2018. (jak)
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Filing
90
ORDER: Joint report 89 noted. The Court appreciates counsel's continued collaboration. The Court authorizes Centennial Bank to sell Mrs. Stiny's vehicle. It must report to the Court about the sale, expenses, and proceeds by 6/29/2018. Wh en the parties meet and confer about the house and caregiver issues, they must also address the tax returns. Please figure out the best way to promptly amend any returns that need amending. The Court directs the Bank to keep Mrs. Stiny's personal property and effects securely stored. Distributing it among heirs, or selling it, has the potential to create more problems than it would solve. Signed by Judge D. P. Marshall Jr. on 4/20/2018. (jak)
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Filing
88
ORDER granting 80 Motion for attorney's fees. The Court authorizes Wood to pay Martin Lilly $5,812.50. This fee is paid subject to reimbursement by Wood at the end of the case. 87 Motion is noted. The Court directs counsel to meet and confer in person on these issues. Woods' response is extended to 5/11/2018. Centennial may reply by 5/18/2018. Signed by Judge D. P. Marshall Jr. on 4/17/2018. (jak)
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Filing
77
ORDER: The one-hour hearing tomorrow on the pending motions with each side allowed 30 minutes to argue. The Court intends to hear argument, and rule from the bench, not take the motions under advisement. Counsel should plan their presentations accord ingly. In the future, though, any moving party may file a reply within seven calendar days of the response. Please keep any reply short, limited to true rebuttal. Centennial's motion to strike, 72 , is denied as moot. Signed by Judge D. P. Marshall Jr. on 3/15/2018. (jak)
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Filing
70
ORDER granting 69 Motion to clarify 65 Order. The 3/16/2018 hearing is for a one-hour argument on the pending motions, not for evidence. No party may call witnesses. If a party intends to argue from a paper not already in the record, then it must provide a copy to opposing counsel and the Court by 3/14/2018. Signed by Judge D. P. Marshall Jr. on 3/12/2018. (jak)
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Filing
65
ORDER granting as modified 61 Motion. The Court needs a full merits response to No. 57 . Please file it by 3/7/2018. The Court will hold a hearing on No. 57 and No. 59 in Jonesboro at 10:30 a.m. on 3/16/2018 in small Courtroom 319. The Court directs Rena Wood and Steve Baker (for Centennial) to appear at the hearing. Signed by Judge D. P. Marshall Jr. on 2/21/2018. (jak)
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Filing
51
ORDER denying without prejudice 43 Motion to transfer funds. Wood must provide a copy of this Order to Bank of America, and file notice of having done so, by 12/15/2017. 48 Motion to compel is granted with directions. Wood is directed to file a status report by 12/15/2017. Centennial Bank is entitled to the supplemental information outlined in the counsel's 11/6/2017 letter. Wood must provide all these supplements by 1/18/2018. A Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 12/4/2017. (jak)
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Filing
42
ORDER granting as modified 38 Motion. Answer and counter-claim due by 11/17/2017. Answer to counter-claim due 30 days after Wood files. The Court directs the Clerk to update the docket: Rena Wood Powell is now Rena Wood. Signed by Judge D. P. Marshall Jr. on 10/26/2017. (jak)
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Filing
35
ORDER granting 32 Motion. The Court authorizes Rena Wood to pay two re-financing-related expenses from Stiny Trust funds held by the Chancery Court of Trousdale, County, Tennessee: $36,810 to StanCorp Mortgage Investors and $2,000 to Su nrise Mortgage & Investment Co. Wood must file supporting documents about both of these expenses by 10/6/2017. The Court also authorizes deposit with the Clerk of this Court the balance of all Stiny Trust funds now held by the Chancery Court of Trousdale County, Tennessee. Signed by Judge D. P. Marshall Jr. on 9/25/2017. (jak)
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Filing
27
ORDER directing the parties to file a joint report attaching all Arkansas circuit court docket sheets by 9/18/2017. The parties must also file a joint report listing all Stiny trust-related documents, with the documents attached, by 9/25/2017. Last, the parties must file a joint report on the Tennessee case, with the docket sheet and all filings attached, by 9/29/2017. Centennial's second amended complaint, covering all disputed matters between the bank and Wood is due by 10/13/2017. Docket entry 9 Motion is denied without prejudice. All future filings should be made solely in case No. 3:17-cv-00226 DPM. Carla Rogers Nadzam, Coleman Vassaur Taylor, and Mark Randall Johnson are listed as counsel of record but have not appeared in the current disputes. If any wish to stay on the case, he or she must file an entry of appearance by 9/18/2017. Signed by Judge D. P. Marshall Jr. on 9/11/2017. (jak)
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Filing
26
ORDER appointing Rena Wood as the temporary and limited-purpose trustee for the Elijah G. and Mary M. Stiny Trust, created 10/4/2000, and amended on various dates thereafter, and any related Survivor's Trust, Exemption Trust, and Marital Trust created pursuant to Article 5 of the original Trust. This temporary and limited-purpose trusteeship shall last until 11/7/2017. Wood must immediately provide Centennial Bank with all details about all refinancing options that have been received or t hat are received; Centennial Bank has the right to approve or disapprove the refinancing option ultimately chosen by Wood; and if the parties cannot agree on the best deal overall, then they must present the dispute to the Court. The parties' competing requests for various relief in the filings listed in paragraph 1 of this Order are granted in parted and denied in part as specified. Signed by Judge D. P. Marshall Jr. on 9/6/2017. (jak)
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Filing
20
ORDER consolidating this case with 3:17-cv-227-DPM and designating this case, 3:17-cv-226-DPM, as the lead case. All future filings should be made in this case. Signed by Judge D. P. Marshall Jr. on 8/30/2017. (thd)
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Filing
8
ORDER on Motion to Compel.(jak)
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