Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00117-JCH Document 62 Filed O4/06/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOHN K. DWIGHT, et al., )
>
Plaintiffs, ) CIVIL ACTION NO. 3:03-CV-0117
) (JCH)
v. )
)
JP MORGAN CHASE BANK, TRUSTEE )
OF THE RUSSELL S. DWIGHT, JR., )
TRUST, et al., )
)
Defendants. ) April 6, 2005
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT PATRICIA W.
DWIGHT’S MOTION FOR PARTIAL SUM ARY JUDGMENT
PRELIMINARY STATEMENT -
Defendant Patricia Dwight submits this memorandum of law in
support of her motion for summary judgment against the
plaintiffs, John K. Dwight, Margo D. Forbes, Patricia D.
Hallenbeck, and Elizabeth D. Richardson, (“Plaintiffs").
Patricia Dwight moves for summary judgment in light of this
Court’s March 31, 2005 ruling (“March 31 Ruling"), in which the
Court granted Defendant J.P. Morgan Chase’s Motion for Summary

Case 3:03-cv-00117-JCH Document 62 Filed O4/06/2005 Page 2 of 4
Judgment on Counts I, III, and IV of the Amended Complaint. In
its ruling, the Court found that there is “no evidence that the
Trustee breached its duty of care to [the Plaintiffs] or
deprived [the Plaintiffs] of any property belonging to them."
March 3l Ruling at 14. Therefore, in light of this Court’s
finding that there is no evidence that the Plaintiffs were
deprived of any property belonging to them, Patricia Dwight is
also entitled to summary judgment as to Count IV of the
Plaintiffs’ Amended Complaint.
ARGUMENT
Defendant Patricia Dwight incorporates by reference the
arguments made and authorities cited in Defendant J.P. Morgan
Chase’s Memorandum of Law in Support of Its Motion for Partial
Summary Judgment dated November 13, 2003.
As the Court has now ruled that defendant J.P. Morgan Chase
is entitled to summary judgment on Counts I, III, and IV, it
necessarily follows that Defendant Patricia Dwight is likewise
entitled to summary judgment on Count IV. If the bank breached
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Case 3:03-cv-00117-JCH Document 62 Filed O4/06/2005 Page 3 of 4
no fiduciary duty, did not act negligently, and committed no
conversion in determining that Patricia Dwight is entitled to
the Trust’s income, then a fortiori her requesting that income
cannot constitute conversion.
CONCLUSION
For the foregoing reasons, Defendant Patricia W.
Dwight’s motion for partial summary judgment should be granted.
THIS DEPENDANT,
PATRICIA W. DWIGHT
BY CUMMINGS & LOCKWOOD
HER ATTORNEYS
By iggzfgiéz F;X;E;}é2;#~——
Robert P. Dolian (CT 04278)
Four Stamford Plaza
107 Elm Street
Stamford, CT 06902
(203) 327—l700
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Case 3:03-cv-00117-JCH Document 62 Filed O4/06/2005 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT PATRICIA W. DWIGHT'S
MOTION FOR PARTIAL SUMMARY JUDGMENT was served via first-class
U.S. Mail, postage prepaid, on this éith day of April, 2005, on
the following:
Mark J. Kovack, Esq.
Wake, See, Dimes & Bryniczka
27 Imperial Avenue
P.O. Box 777
Westport, CT 06881-0777
Peter W. Benner, Esq.
Robert L. Wyld, Esq.
Shipman & Goodwin LLP
One American Row
Hartford, CT 06103-2819
Robert B. Hemley, Esq.
Christina Reiss, Esq.
Gravel and Shea
76 St. Paul Street
Burlington, VT 05402-0369
Robert P. Dolian
2105260_1.a¤¤ 4/5/2005
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