Robins et al v. Wood
| Helen Robins and Centennial Bank |
| Rena Wood |
| Georgia Elizabeth Stiny Ratzenberger, Nina Ratzenberger, James Ratzenberger, Eli Stiny, Alexis Stiny, Andrew Stiny, Julianne Stiny, Elijah Nicholas Stiny, Alison Sorley and Christopher Sorley |
| 3:2017cv00227 |
| 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 |
| None |
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Filing
49
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-2 27; 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
48
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-tru stee'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 returns , 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
43
JUDGMENT in Consolidated case 3:17-cv-00226 DPM: 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 ret urned 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 truste e, 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 this 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
42
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. L ast, 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 entries 18 , 23 , 27 , and 28 are 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
41
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 c reated 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 tha t 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
40
ORDER consolidating this case with 3:17-cv-226-DPM and designating case 3:17-cv-226-DPM as the lead case. All future filings should be made in that case number. Signed by Judge D. P. Marshall Jr. on 8/30/2017. (thd)
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Filing
17
ORDER APPOINTING GUARDIAN OF THE ESTATE. (jak)
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