Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

I Case 3:03-cv-OO1gjJCH Document 28 Filed 11/@2003 Page 1 of 3 i
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v. i CIVIL ACTION NO.
) 303 CV·0il;ljf1'·(WWE) i
JP MORGAN CHASE BANK, ) J
TRUSTEE, et al., )
Defendants. i NOVEMBER 13, 2003
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DEFENDANT JP MORGAN CHASE BANK, TRUSTEE’S
MOTION FOR PARTIAL SUMMARY JUDGMENT
This defendant, JP MORGAN CHASE BANK, TRUSTEE ("Chase"), pursuant to
Rule 56 ofthe Federal Rules of Civil Procedure and in accordance with D. Conn. L. Civ.
Rule 56(a)(l), hereby move this Court for a summary judgment on Counts I (breach of
liduciary duty), III (negligence/recklessness) and IV (conversion) of and July 14, 2003
Amended Complaint filed by the plaintiffs, JOHN K. DWIGHT, MARGO D. FORBES,
PATRICIA D. HALLENBECK and ELIZABETH D. RICHARDSON (collectively, the
"Plaintiffs"), as there are no genuine issue as to any material fact and Chase is entitled to
judgment as a matter oflaw. The Plaintiffs’ claims involve the legal interpretation of a trust ‘
instrument and the question of whether Chase, as the Trustee of that trust, abused its
discretion in exercising its discretionary powers thereunder. Both of these issues can and
should be resolved in Chase’s favor as a matter of law.
Chase submits and/or relies on the following proof in support of this motion:
1. Local Rule 56(a)(l) Statement;
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Case 3:03-cv-OO1&75JCH Document 28 Filed 11/%4§OO3 Page 2 of 3
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· 2. Affidavit of Pamela J. Detoro, sworn to on October I5, 2003;
3. Affidavit of Mark J. Kovack, sworn to on October 15, 2003, with Exhibits
“ l " through "3" attached thereto;
4. Affidavit of Mark J . Kovack, sworn to on November 13, 2003, with Exhibits
“1 " and "2" attached thereto; and,
5. Memorandum Of Law In Support Of JP Morgan Chase Bank, Trustee’s A
Motion For Summary Judgment, dated November 13, 2003. I
WHEREFORE, upon all of the foregoing, Chase respectfully prays that this Court enter A
summary judgment against the Plaintiffs on Counts I, III and IV of their Amended l
Complaint, as there is no genuine issue as to any material fact and Chase is entitled to
judgment as a matter of law. l
THIS DEFENDANT, `
JP MORGAN CHASE BANK, TRUSTEE ,
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By (
Mark J. Kovack, Esq./ct0 l 43 l
WAKE, SEE DIMES & BRYNICZKA
27 Imperial Avenue
Post Office Box 777 (
Westport, CT 06881-0777 .
Telephone: (203) 227-9545
Telecopier: (203) 226-1641
E-mail: [email protected]
Its attorneys
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Case 3:03-cv-OO1?7~)JCH Document 28 Filed 11/1A-/$003 Page 3 of 3
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CERTIFICATION OF SERVICE
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This is to certify that on this LQ day of November, 2003, a copy ofthe foregoing has been
mailed by first class mail, postage prepaid, to all counsel and/or pro se parties of record, to wit:
Peter W. Benner, Esq. {
Catherine M. Esposito, Esq. q
Shipman & Goodwin, LLP ‘
One American Row
Hartford, CT 06103-2819
(Coanseifor the Plai1étij7) q
Robert B. Hemley, Esq. i
Christina Reiss, Esq.
Gravel and Shea
76 St. Paul Street, P.O. Box 369 l
Burlington, VT 05402-0369
(qfC0uriselfor the Plainiijjt) _ ‘
Robert P. Dolian, Esq.
Cummings & Lockwood, LLC
107 Elm Street, P.O. Box 120
Stamford, CT 06904-0120
(Counsel for Dekndant Patricia W Dwight) I
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Mark J. Kovack i
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