John T. Midgett, Trustee of the Hardcastle Charitable Remainder Annuity Trust Dated August 6, 2007 v. Hardcastle, No. 2:2017cv00663 - Document 56 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER. The Defendant's Motion for Reconsideration (ECF no. 24) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED to the extent that the Court has reconsidered its July 19, 2018 Order on the Motion to Amend Answ er and Motion to Amend Scheduling Order. The Motion is DENIED to the extent that the Defendant's Motion to Amend Answer is now DENIED based solely on the Court's analysis under Rule 15 and Defendant's Motion to Amend Scheduling Order is DENIED. The Motion to request a certification for interlocutory appeal is DENIED. Signed by District Judge Raymond A. Jackson on 10/3/2018. (jrin)
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John T. Midgett, Trustee of the Hardcastle Charitable Remainder Annuity ...ust 6, 2007 v. Hardcastle Doc. 56 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division JOHN T. MIDGETT, TRUSTEE OF THE HARDCASTLE CHARITABLE REMAINED ANNUITY TRUST U/A AUGUST 6, 2007, Plaintiff, V. CIVIL ACTION NO. 2:17-cv-663 MAILE SUSAN HARDCASTLE. Defendant. MEMORANDUM OPINION AND ORDER Before the Court is Maile Susan Hardcastle's ("Defendant" or "Maile") August 3, 2018 Motion for Reconsideration regarding the Court's ruling on Defendant's Motions to Amend Answer and Amend Scheduling Order. ECF No. 24. John T. Midgett ("Trustee" or "Midgett") filed his memorandum in opposition, ECF No. 26, and Defendant replied. ECF No. 28. For the reasons set forth below, Defendant's Motion for Reconsideration is GRANTED IN PART AND DENIED IN PART. I. FACTUAL AND PROCEDURAL HISTORY In early 2013 and late 2014, Captain William H. Hardcastle, Jr. ("Captain Hardcastle") andhis wife MaryV.M. Hardcastle ("Mrs. Hardcastle," collectively "Decedents") passed away. ECF No. 1 at 13. Prior to their deaths, on August 6, 2007, Decedents established a Charitable Remainder Annuity Trust ("CRAT") valued at just over $4 million. Id. at T[ 7; see ECF No. 1-1. The CRAT allows "paymentof a fixed annuity amount equal to [five percent] of the fair market value of the initial trustcorpus to be paid overa term certain of [twenty] years" to the survivor of the Decedents, and then to the non-charitable beneficiaries for the remaining years of the twenty- Dockets.Justia.com
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