Gray v. Gray
Evan W. Gray |
Chester L. Gray, III |
1:2018cv00522 |
June 13, 2018 |
US District Court for the District of New Hampshire |
Concord Office |
Andrea K. Johnstone |
Joseph A. DiClerico |
P.I.: Other |
28 U.S.C. ยง 1332 Diversity-Personal Injury |
None |
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Filing 241 ///ORDER AFTER BENCH TRIAL: FINDINGS OF FACT AND RULINGS OF LAW. The court directs Skip Gray to reimburse CLG Trust $170 as outlined. Judgment is otherwise in Skip Gray's favor as to Counts 3 and 4. The clerk shall enter judgment accordingly. The court adopts parties' findings of fact and conclusions of law as outlined, and otherwise denies. The court also denies 234 MOTION to Strike Affirmative Defenses Waived by CLG Trustee. Prevailing party entitle d to costs as outlined. The matter of attorney fees and/or reimbursements remains for adjudication as outlined and the 14-day period to file a motion for attorney fees is stayed pending resolution of the pending appeal. So Ordered by Judge Joseph N. Laplante.(jb) |
Filing 71 ///ORDER granting in part 62 Motion for Summary Judgment. Evan is directed to show cause on or before December 19, 2019, why the court should not, in the interest of justice, treat that portion of his Sixth Defense asserting undue influence as a counterclaim. Response due on or before December 30, 2019. Reply due on or before January 6, 2020, if necessary. The court stays ruling on the merits of the motion for summary judgment as to Count II of the CLG Estate Counterclaims until briefing and ruling on this issue is completed. So Ordered by Judge Joseph A. DiClerico, Jr.(gla) |
Filing 55 ORDER denying 42 Motion to Dismiss. So Ordered by Judge Joseph A. DiClerico, Jr.(gla) |
Filing 54 ORDER denying 41 Motion to Dismiss. So Ordered by Judge Joseph A. DiClerico, Jr.(gla) |
Filing 34 ///ORDER granting 22 Motion to Strike 7 Third Party Complaint; granting 23 Motion to Dismiss the Crossclaim of Defendant-Third Party; granting 24 Motion to Dismiss the Counterclaim of Defendant Chester L. Gray III i n his Capacity as Co-Trustee of the Barbara J. Gray Trust of 1996. The motions are granted as follows: (1) Third-Party Complaint (doc. 7) is struck, Answer to the Third-Party Complaint and crossclaim (doc. 21) are struck, and (3) counterclaim in the Amended Answer (doc. 20) is dismissed without prejudice. Leave is granted to file an appropriate third-party complaint and/or counterclaims or crossclaims on or before January 31, 2019. So Ordered by Judge Joseph A. DiClerico, Jr.(gla) |
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Defendant: Chester L. Gray, III | |
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Plaintiff: Evan W. Gray | |
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