Gleason v. Tuttle

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STATE OF MAINE KENNEBEC, ss SUPERIOR COURT CIVIL ACTION DOCKET NOS. CV-08-159 11/lt;. , }/ I'... '\: . / . /" ,) / " .. ) c · KIMBERLY TUTTLE GLEASON, et al., Plaintiffs, v. ORDER ON MOTION FOR SUMMARY JUDGMENT PAULETTE TUTTLE, et a1., Defendants Before the court is plaintiffs Kimberly Gleason and Anthony Tuttle's motion for partial summary judgment. For the following reasons, the motion is granted in part and denied in part. Factual and Procedural Background The Certificate of Limited Partnership for theTuthill Family Limited Partnership (TFLP) was filed on October 1, 1998. PIs.' SUMF, <]I 1. Kenneth Tuttle was named as the sale general partner. PIs.' SUMF, <]I 2. The original partnership agreement cannot be found. PIs.' SUMF, <]I 8; TFLP's SOMF, <]I 8. The plaintiffs claim that they are limited partners in TFLP and support their claim through testimony and through partnership documents that indicate that they, along with their brother, Nathan Tuttle, are limited partners. PIs.' SUMF, <]I 5; PIs.' Rep. to TFLP's SAMF, <]I 22. The defendants assert that the only limited partners are three trusts created as part of Kenneth and Paulette Tuttles' estate plan. Pl.'s SUMF, <]I 5; TFLP's Rep. to P1.s' SUMF, <]I 5; TFLP's SAMF, <]I<]I 2-3. In June 2002, Kenneth Tuttle died. l PIs.' SUMF, <j[ 6. Paulette Tuttle was appointed as Personal Representative of the Estate on September 10, 2002. TFLP's SAME <j[ 15; PIs.' Rep. to TFLP SAMF, <j[ 15. On September 8, 2008, Attorney Susan Hunter replaced Paulette Tuttle as Personal Representative. TFLP SAMF, <j[ 16; PIs.' Rep. to TFLP SAMF, <j[ 16. Standard of Review Summary Judgment is appropriate when there exist no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. M.R.Civ.P 56(c). A material fact is one that has "the potential to affect the outcome of the suit." Burzdel v. Sobus, 2000 ME 85, <j[ 6, 750 A.2d 573, 575. A genuine issue of material fact exists "when sufficient evidence requires a fact-finder to choose between competing versions of the truth at trial." Parrish v. Wright, 2003 ME 90, <j[ 8, 828 A.2d 778, 781. Facts are reviewed "in the light most favorable to the nonmoving party." Lightfoot v. Sch. Admin Dist. No. 35, 2003 ME 24, <j[ 6,816 A.2d 63, 65. Discussion 1. Limited Partners The plaintiffs argue they are limited partners in the TFLP. The defendants' support for their assertion that the plaintiffs are not partners is a copy of the first two pages of what may be the original partnership agreement, which does not include plaintiffs in its recitation of limited partners. The plaintiffs challenge the admissibility of this document and argue that it is not properly authenticated? I The parties agree that this event had the legal effect of .dissolving the partnership, despite the fact that the partnership was not actually wound up by the parties at that time. 2 Plaintiffs have further argued that the twp pages also contain hearsay and violates the best evidence rule, and that even if the document is admissible, it is so incomplete and against the weight of the evidence that it fails to create a genuine issue of fact. "The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." M.R.Evid. 901(a). The defendants argue that the Agreement can be authenticated because plaintiff Kimberly Gleason testified that she believes the two pages are a copy of part of the original document. TFLP's SAMF, <JI 8. The defendants further argue that the Agreement can be authenticated by comparison with other documents. IQ" <JI<JI 4-5. Neither the testimony of plaintiff Kimberly Gleason nor other documents provide the required evidence of authenticity of the documents. The defendants have failed to raise a genuine issue of material fact regarding the plaintiffs' status as limited partners. The plaintiffs withdrew as limited partners by letter received by Paulette Tuttle on December 22,2008. PIs.' SUMF, <JI 22; TFLP Rep. to PIs.' SUMF, <JI 22. 2. Indispensable Party The defendants argue that the plaintiffs' brother, Nathan Tuttle, is an indispensable party under M.R.Civ.P. 19. Nathan Tuttle is a limited partner in the TFLP. The defendants argue that dissolution could significantly impact Nathan Tuttle and his position on partnership issue is unclear. The plaintiffs argue that Nathan Tuttle is not liable for partnership debts and is not entitled to participate in management as a limited partner. Because the partnership has already been dissolved, the person who ultimately winds up the partnership's affairs will be required to make distributions to all limited partners, including Nathan Tuttle, pursuant to 31 M.R.S. § 4843 ¢ 3 This is a reference to the Revised Uniform Limited Partnership Act ("the old Act"), which was superseded by the Maine Uniform Limited Partnership Act ("the new Act"). The savings clause of the new Act states that actions commenced prior to the effective date of the new Act will be governed by the old Act. 31 M.R.S. § 1454. Because this action was filed before the effective date of July I, 2008, the old Act applies to the issues in this case. In Ocwen Federal Bank, FSB v. Cile, the Law Court held that the bank could not foreclose on a property without joining the town as a party because the town claimed an ownership interest in the property. Ocwen, 2001 ME 120, en 21, 777 A.2d 275, 282. The Court determined that Rule 19(a) serves to protect unjoined but interested parties and active parties. Id. at en 14, 777 A.2d at 280. Distributions to all limited partners will be made pursuant to 31 M.R.S. § 484. 4 Nathan Tuttle is not a participant in management of the partnership business. 31 M.R.S. § 433. He is not an indispensable party to this lawsuit. 3. Distributions Section 484 provides that the partnership assets must be distributed first to creditors, second to partners in satisfaction of interim or withdrawal distributions, and finally, unless otherwise provided in the partnership agreement, to partners "(I) [f]or the return of their contributions; and (2) [r]especting their partnership interests, in the proportions in which the partners share in distributions." 31 M.R.S. § 484. A "distribution" is defined as "the transfer of property by a limited partnership to one or more of its partners in the capacity as a partner." 31 M.R.S. § 402(3). The plaintiffs argue they are each entitled to 25% based on the fact that the partnership's records allocated 25% of the profits and losses to each of the three children. The defendants argue that plaintiffs are not entitled to any distributions because they never contributed anything of value to the partnership. 31 M.R.S. § 484(C)(1). Although the original agreement is not in the record, the business records of the Nathan Tuttle has had notice of this proceeding and has not attempted to intervene in this action. The companion case in the Superior Court is an action to recover money lent to the TFLP by Kenneth Tuttle Antiques, Inc.. In the amended complaint, Nathan Tuttle is alleged to be the sole shareholder of Kenneth Tuttle Antiques, Inc. and a limited partner in the TFLP along with Kimberley Gleason and Anthony Tuttle. Kenneth E. Tuttle Antiques, Inc. v. The Tuttle Family Limited Partnership, et al.. CV-09-74, Amended Complaint, lj[lj[ 2, 20. 4 partnership indicate that each of the plaintiffs owns 25% of the partnership and the profit and loss distributions were allocated 25% to each plaintiff. TFLP SAMF, <]I 10; PIs.' Rep. to TFLP SAMF, <]I 10. 31 M.R.S. § 484(C)(2). Further, although there may not have been an established formula for the distributions, there is no issue of fact on this record that distributions were made. TFLP's SAMF, <]I<]I 10, 17; PIs.' Rep. TFLP's SDMF, <]I<]I 10, 17. 4. Wind Up I Removal The plaintiffs argue they should be permitted to conduct the wind up of TFLP. Section 483(1) provides: "[u]nless otherwise provided in the partnership agreement, the general partners ... or, if none, the limited partners ... may wind up the limited partnership's affairs[.]"31 M.R.S. § 483(1). The sole general partner, Kenneth Tuttle, is deceased. The defendants argue that because Paulette Tuttle was the personal representative of Kenneth Tuttle until late December 2008 and Attorney Susan Hunter has continued to serve as personal representative to date, Paulette Tuttle and Susan Hunter the right to wind up the partnership. Section 475 provides that an administrator or legal representative of a deceased partner's estate may exercise all rights of the general partner "for the purpose of settling the partner's estate or administering the partner's property." 31 M.R.S. § 475. Section 483 specifically provides that in the absence of a general partner,5 the limited partners may wind up the limited partnership's affairs. Section 483 makes no special provision for a successor in interest or personal representative; it refers to a 5 A "limited partnership" is required to have one or more general partners and one or more limited partners. 31 M.R.S. 402(8). "general partner." Section 475 addresses settling the partner's estate or administering his property. On this record, there is agreement that the plaintiffs withdrew from the TFLP by letter to Paulette Tuttle on December 22, 2008. 31 M.R.S. § 483(1); as of September PIs.' SUMF, en: 22; TFLP's Rep. to PIs.' SUMF, en: 22; Personal Representative's Rep. to PIs.' SUMF, en: 22. The entry is The Plaintiffs' Motion for Summary Judgment is GRANTED in part and DENIED in part. Judgment is entered in favor of the Plaintiffs Kimberly Gleason and Anthony Tuttle and against the Defendants Tuttle Family Limited Partnership and Paulette Tuttle on Counts III and VII as follows: (1) the Tuttle Family Limited Partnership is Dissolved as of September 3, 2008; (2) Defendant Paulette Tuttle is Removed as General Partner of the Tuttle Family Limited Partnership; and (3) the Plaintiffs have withdrawn as Limited Partners of the Tuttle Family Limited Partnership. The Plaintiffs' Requests that they wind up the Tuttle Family Limited Partnership's Affairs is DENIED. By agreement of the parties, the status quo of the Tuttle Family Limited Partnership will be maintained until further order of court. If the parties cannot agree on a liquidating trustee, each party will file by November 5, 2009 the name of a proposed trustee and a brief argument in support of the proposed trustee. Date: October IS, 2009 Nancy Mills Justice, Superior Court KIMBERLY TUTTLE GLEASON - PLAINTIFF SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CV-2008-00159 Attorney for; KIMBERLY TUTTLE GLEASON JONATHAN B HUNTINGTON - RETAINED 05/07/2008 EATON PEABODY ET AL PA 77 SEWALL STREET SUITE 3000 AUGUSTA ME 04330 ANTHONY TUTTLE DOCKET RECORD - PLAINTIFF Attorney for: ANTHONY TUTTLE JONATHAN B HUNTINGTON - RETAINED 05/07/2008 EATON PEABODY ET AL PA 77 SEWALL STREET SUITE 3000 AUGUSTA ME 04330 vs PAULETTE A TUTTLE - DEFENDANT 1090 SCHOOL STREET, PITTSTON ME 04345 Attorney for: PAULETTE A TUTTLE MARK SUSI - WITHDRAWN 07/02/2008 LAW OFFICE OF MARK SUSI 193 WATER STREET HALLOWELL ME 04347 Attorney for: PAULETTE A TUTTLE DAVID LIPMAN - RETAINED LIPMAN & KATZ & MCKEE, PA 227 WATER STREET PO BOX 1051 AUGUSTA ME 04332-1051 TUTHILL FAMILY LIMITED PARTNERSHIP - DEFENDANT 1090 SCHOOL STREET, PITTSTON ME 04345 Attorney for: TUTHILL FAMILY LIMITED PARTNERSHIP MARK SUSI - WITHDRAWN 07/02/2008 LAW OFFICE OF MARK SUSI 193 WATER STREET HALLOWELL ME 04347 Attorney for: TUTHILL FAMILY LIMITED PARTNERSHIP MICHAEL HODGINS - RETAINED BERNSTEIN SHUR SAWYER & NELSON 146 CAPITOL ST PO BOX 5057 AUGUSTA ME 04332-5057 SUSAN E HUNTER (PR OF ESTATE) - PARTIES IN INTEREST Attorney for: SUSAN E HUNTER (PR OF ESTATE) ROBERT MITTEL - RETAINED Page 1 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD MITTEL ASEN LLC 85 EXHANGE ST, FLOOR 4 PO BOX 427 PORTLAND ME 04112-0427 Filing Document: COMPLAINT Filing Date: 05/07/2008 Minor Case Type: OTHER STATUTORY ACTIONS Docket Events: 05/08/2008 FILING DOCUMENT - COMPLAINT FILED ON 05/07/2008 05/08/2008 Party(s): KIMBERLY TUTTLE GLEASON ATTORNEY - RETAINED ENTERED ON 05/07/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON 05/08/2008 Party(s): ANTHONY TUTTLE ATTORNEY - RETAINED ENTERED ON 05/07/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON 05/08/2008 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 05/07/2008 05/08/2008 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/22/2008 SERVED ON NATHAN TUTTLE FOR NUTHILL FAMILY LTD PARTNERSHIP 05/08/2008 Party(s): PAULETTE A TUTTLE SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 04/23/2008 SERVED ON PAULETTE TUTTLE 05/08/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP RESPONSIVE PLEADING - ANSWER FILED ON 05/05/2008 Defendant's Attorney: MARK SUSI 05/08/2008 Party(s): PAULETTE A TUTTLE ATTORNEY - RETAINED ENTERED ON 05/05/2008 Defendant's Attorney: MARK SUSI Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP ATTORNEY - RETAINED ENTERED ON 05/05/2008 Defendant's Attorney: MARK SUSI 05/13/2008 ORDER - SCHEDULING ORDER ENTERED ON 05/12/2008 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. HUNTINGTON AND SUSI COPY TO ATTYS 05/13/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 01/01/2009 05/13/2008 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 05/12/2008 NANCY MILLS , JUSTICE 06/12/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE Page 2 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD MOTION - OTHER MOTION FILED ON 06/09/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON MOTION TO DISQUALIFY COUNSEL FOR DEFENDANTS W/ INCORPORATED MEMORANDUM OF LAW, AFFIDAVIT OF KIMBERLY TUTTLE GLEASON, REQUEST FOR HEARING, PROPOSED ORDER. 06/18/2008 Party(s): KIMBERLY TUTTLE GLEASON DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/18/2008 Plaintiff's Attorney: ERIC HERLAN NOTICE OF DEPOSITION OF PAULETTE TUTTLE AND TUTHILL FAMILY LIMITED PARTNERSHIP SERVED ON MARK SUSI, ESQ. ON 6/17/08. 06/26/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED ON 06/26/2008 Defendant's Attorney: MARK SUSI MOTION FOR LEAVE TO WITHDRAW AS COUNSEL. PROPOSED ORDER. 06/26/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP MOTION - MOTION TO CONTINUE FILED ON 06/26/2008 Defendant's Attorney: MARK SUSI 06/27/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - OPPOSING MEMORANDUM FILED ON 06/27/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFTS' MOTION TO CONTINUE AND IN PARTIAL OPPOSITION TO MOTION FOR LEAVE TO WITHDRAW. ATTACHMENTS. 06/27/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - REPLY MEMORANDUM FILED ON 06/27/2008 Defendant's Attorney: MARK SUSI DEFTS' RESPONSE TO PLTFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFTS' MOTION TO CONTINUE. ATTACHMENTS. 07/07/2008 Party(s); KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - OTHER MOTION MOOT ON 07/02/2008 NANCY MILLS , JUSTICE MOTION TO DISQUALIFY COUNSEL FOR DEFENDANTS W/ INCORPORATED MEMORANDUM OF LAW, AFFIDAVIT OF KIMBERLY TUTTLE GLEASON, REQUEST FOR HEARING, PROPOSED ORDER. 07/07/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 07/02/2008 NANCY MILLS, JUSTICE COPIES TO PARTIES/COUNSEL 07/07/2008 Party(s): PAULETTE A TUTTLE ATTORNEY - WITHDRAWN ORDERED ON 07/02/2008 Defendant's Attorney: MARK SUSI 07/07/2008 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP ATTORNEY - WITHDRAWN ORDERED ON 07/02/2008 Defendant's Attorney: MARK SUSI 07/09/2008 Party(s): PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP MOTION - MOTION TO CONTINUE MOOT ON 07/08/2008 Page 3 of 14 Printed on: 10/15/2009 AUGSC-CV-200a-00159 DOCKET RECORD NANCY MILLS , JUSTICE DEPOSITIONS WERE SCHEDULED FOR 6/30 07/10/200a Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION TO AMEND PLEADING FILED ON 06/30/200a Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' MOTION FOR LEAVE TO AMEND COMPLAINT. EXHIBIT A. PROPOSED ORDER. 07/14/200a Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 07/11/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON MEDIATION WITH JAMES BOWIE, ESQ. ON 08/12/0a (TENTATIVE) SCHEDULED FOR 09/16/08 a/14/0a 07/15/200a Party(s): PAULETTE A TUTTLE LETTER - FROM PARTY FILED ON 07/11/200a Defendant's Attorney: DAVID LIPMAN ENTERING APPEARANCE FOR DEFT PAULETTE A. TUTTLE 07/15/200a Party(s): PAULETTE A TUTTLE ATTORNEY RETAINED ENTERED ON 07/11/2008 Defendant's Attorney: DAVID LIPMAN 07/15/200a Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/14/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON FIRST AMENDED NOTICE OF DEPOSITION OF PAULETTE TUTTLE, SERVED ON D. LIPMAN, ESQ. ON 07/1/0a. 07/23/200a Party(s): PAULETTE A TUTTLE OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/21/200a Defendant's Attorney: DAVID LIPMAN OBJECTION TO MOTION TO AMEND. EXHIBIT A. 07/23/200a Party(s): PAULETTE A TUTTLE MOTION - MOTION TO DISMISS FILED ON 07/21/2008 Defendant's Attorney: DAVID LIPMAN MOTION TO DISMISS AND/OR STAY, EXHIBIT A. PROPOSED ORDER. 07/23/200a Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 07/21/200a Defendant's Attorney: DAVID LIPMAN OBJECTION TO DEPOSITION OF PAULETTE TUTTLE, SERVED ON J. HUNTINGTON, ESQ. ON 07/17/0a. oa/05/200a Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - ENTRY OF APPEARANCE FILED ON 07/2a/200a Defendant's Attorney: MICHAEL HODGINS oa/05/200a Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP ATTORNEY - RETAINED ENTERED ON 07/2a/200a Defendant's Attorney: MICHAEL HODGINS oa/14/200a Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE Page 4 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/06/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTF'S MEMORANDUM OF LAW OPPOSING DEFT PAULETTE TUTTLE'S MOTION TO DISMISS AND/OR STAY 08/14/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - AFFIDAVIT FILED ON 08/06/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON AFFIDAVIT OF KIMBERLY TUTTLE GLEASON 08/14/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - AFFIDAVIT FILED ON 08/06/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON AFFIDAVIT OF ANTHONY TUTTLE 08/14/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 08/06/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON TO DESIGNATE EXPERT WITNESSES 08/18/2008 party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 08/15/2008 NANCY MILLS , JUSTICE COPIES TO PARTIES/COUNSEL IT IS HEREBY ORDERED THAT THE EXPERT WITNESS DESIGNATION DEADLINES IN THE PRETRIAL SCHEDULING ORDER ARE HEREBY EXTENDED BY 60 DAYS. THE NEW DEADLINES ARE AS FOLLOWS: FOR PLAINTIFFS, OCTOBER 11,2008 FOR DEFENDANTS, DECEMBER 10. 2008. SO ORDERED. NO OBJECTION. 08/18/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION TO AMEND PLEADING GRANTED ON 08/15/2008 NANCY MILLS , JUSTICE COPIES TO PARTIES/COUNSEL AND THE PLAINTIFFS ARE ORDERED TO FILE AN AMENDED COMPLAINT WITHIN 14 DAYS OF THE DATE OF THIS ORDER. THE DEFENDANTS MAY FILE A RESPONSIVE PLEADING WITHIN 14 DAYS OF RECEIPT OF THE AMENDED COMPLAINT. TE SCHEDULING ORDER WILL BE REVISED. 08/19/2008 Party(s): PAULETTE A TUTTLE OTHER FILING - REPLY MEMORANDUM FILED ON 08/13/2008 Defendant's Attorney: DAVID LIPMAN RELATING TO DEFT PAULETTE TUTTLE'S MOTION TO DISMISS AND/OR STAY 08/20/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/14/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON NOTICE OF DEPOSITION OF PAULETTE TUTTLE, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 08/13/08 08/20/2008 Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/13/2008 Defendant's Attorney: DAVID LIPMAN NOTICE TO TAKE ORAL DEPOSITIONS OF KIMBERLY TUTTLE GLEASON AND ANTHONY TUTTLE, SERVED ON J. HUNTINGTON, ESQ. ON 08/11/08 08/20/2008 Party(s): PAULETTE A TUTTLE Page 5 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/13/2008 Defendant's Attorney: DAVID LIPMAN RULE 34 REQUESTS TO KIMBERLY TUTTLE GLEASON AND ANTHONY TUTTLE, SERVED ON J. HUNTINGTON, ESQ. ON 08/11/08 08/25/2008 Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 08/25/2008 Defendant's Attorney: DAVID LIPMAN REQUEST TO ADMIT TO KIMBERLY TUTTLE GLEASON AND REQUEST TO ADMIT TO ANTHONY TUTTLE SERVED ON ATTY HUNTINGTON ON 8/21/08. 09/03/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE SUPPLEMENTAL FILING - AMENDED COMPLAINT FILED ON 08/27/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON FIRST AMENDED COMPLAINT, W/ EXHIBITS Cl AND C2 09/03/2008 Party(s): PAULETTE A RESPONSIVE PLEADING Defendant's Attorney: ANSWER OF PAULETTE A. TUTTLE ANSWER TO AMENDED PLEADING FILED ON 08/28/2008 DAVID LIPMAN TUTTLE 09/03/2008 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP RESPONSIVE PLEADING - ANSWER TO AMENDED PLEADING FILED ON 09/02/2008 Defendant's Attorney: MICHAEL HODGINS ANSWER OF TUTHILL FAMILY LTD PARTNERSHIP TO PLTFS' 1ST AMENDED COMPLAINT 09/11/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/10/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON NOTICE OF DEPOSITION OF PAULETTE TUTTLE, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 09/09/08. 09/11/2008 Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/10/2008 Defendant's Attorney: DAVID LIPMAN AMENDED NOTICE TO TAKE ORAL DEPOSITION OF KIMBERLY TUTTLE GLEASON AND ANTHONY TUTTLE, SERVED ON J. HUNTINGTON, ESQ. ON 09/09/08. 09/16/2008 Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/16/2008 Defendant's Attorney: DAVID LIPMAN OBJECTION TO DOCUMENT REQUEST ACCOMPANYING DEPOSITION NOTICE, SERVED ON J. HUNTINGTON, ESQ. ON 09/15/08. 09/16/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/16/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTF K. GLEASON'S AND PLTF A. TUTTLE'S RESPONSES TO DEFT'S REQUEST FOR PRODUCTION OF DOCUMENTS, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 09/15/08. 09/18/2008 ORDER - REPORT OF ADR CONF/ORDER FILED ON 09/18/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON Page 6 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD 09/18/2008 ORDER - REPORT OF ADR CONF/ORDER UNRESOLVED ON 09/18/2008 09/19/2008 HEARING - 26(G) CONFERENCE SCHEDULED FOR 09/24/2008 @ 7:30 NOTICE TO COUNSEL BY MR. HUNTINGTON 09/23/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - RULE 26(G) LETTER FILED ON 09/22/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON OBJECTION TO DOCUMENT REQUEST PURSUANT TO DEPOSITION OF PAULETTE TUTTLE 09/23/2008 Party(s): PAULETTE A TUTTLE MOTION - MOTION TO DISMISS DENIED ON 09/18/2008 NANCY MILLS , JUSTICE COpy TO ATTYS HUNTINGTON, HODGINS, LIPMAN 09/25/2008 HEARING - 26(G) CONFERENCE NOT HELD ON 09/24/2008 CANCELLED BY AGREEMENT OF PARTIES 09/25/2008 ORDER - REPORT OF ADR CONF/ORDER ENTERED ON 09/23/2008 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. HUNTINGTON, HODGINS, LIPMAN COPY TO ATTYS 09/26/2008 Party(s): PAULETTE A TUTTLE OTHER FILING - OTHER DOCUMENT FILED ON 09/25/2008 Defendant's Attorney: KEITH R VARNER OBJECTION OF LIPMAN, KATZ & MCKEE, P.A. TO SUBPOENA DATED SEPTEMBER 11, 2008 09/29/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/26/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTF K. GLEASON'S RESPONSE TO DEFT'S REQUEST FOR ADMISSIONS; PLTF A. TUTTLE'S RESPONSE TO DEFT'S REQUEST FOR ADMISSIONS, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 09/24/08. 09/30/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/29/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON 10/01/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 09/29/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLAINTIFFS' REQUEST FOR ENTRY UPON LAND PROPOUNDED TO DEFENDANT PAULETTE TUTTLE; PLAINTIFF'S REQUEST FOR ENTRY UPON LAND PROPOUNDED TO DEFENDANT TUTHILL FAMILY LIMITED PARTNERSHIP; PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT TUTHILL FAMILY LIMITED PARTNERSHIP SERVED ON DAVID M. LIPMAN, ESQ. AND MICHAEL A HODGINS, ESQ. ON 9/26/08. 10/10/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION EXTEND DISCOVERY FILED ON 10/08/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON CONSENT MOTION FOR ENLARGEMENT OF TIME TO DESIGNATE EXPERT WITNESSES AND COMPLETE DISCOVERY, PROPOSED ORDER, REQUEST FOR HEARING Page 7 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD 10/16/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION EXTEND DISCOVERY GRANTED ON 10/16/2008 NANCY MILLS, JUSTICE COPY TO ATTYS HUNTINGTON, HODGINS, LIPMAN NEW DEADLINES: EXPERT DESIGNATIONS BY PLTFS, 12/12/08; EXPERT DESIGNATIONS BY DEFTS, 02/11/08; DISCOVERY, 03/13/09 10/16/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/13/2009 10/21/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/20/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTF KIMBERLY GLEASON'S SUPPLEMENTAL RESPONSE TO DEFT'S REQUEST FOR PRODUCTION OF DOCUMENTS; PLTF ANTHONY TUTTLE'S SUPPLEMENTAL RESPONSE TO DEFT'S REQUEST FOR PRODUCTION OF DOCUMENTS, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 10/17/08. 10/28/2008 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/28/2008 Defendant's Attorney: MICHAEL HODGINS RESPONSE TO PLTFS' REQUEST FOR ENTRY UPON LAND; RESPONSE TO PLTFS' REQUEST FOR PRODUCTION OF DOCUMENTS, SERVED ON J. HUNTINGTON, ESQ. ON 10/27/08. 10/28/2008 Party(s): PAULETTE A TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/28/2008 Defendant's Attorney: DAVID LIPMAN DEFT P. TUTTLE'S OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION, SERVED ON J. HUNTINGTON, ESQ. ON 10/27/08. 12/19/2008 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/15/2008 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' DESIGNATION OF EXPERT WITNESS, SERVED ON D. LIPMAN, ESQ. AND M. HODGINS, ESQ. ON 12/12/08. 03/12/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE DISCOVERY FILING - RULE 26(G) LETTER FILED ON 03/09/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON W/ ATTACHMENTS 03/19/2009 Party(s): PAULETTE A TUTTLE MOTION - OTHER MOTION FILED ON 03/19/2009 Defendant's Attorney: DAVID LIPMAN UNOPPOSED MOTION TO ADD THE PERSONAL REPRESENTATIVE OF THE ESTATE OF KENNETH E. TUTTLE AS A PARTY IN INTEREST, W/ INCLUDED MEMORANDUM OF LAW, PROPOSED ORDER. 03/20/2009 HEARING - 26(G) CONFERENCE SCHEDULED FOR 03/25/2009 @ 7:30 PHONE CONFERENCE in Room No. 1 03/24/2009 Party(s): PAULETTE A TUTTLE MOTION - OTHER MOTION GRANTED ON 03/24/2009 NANCY MILLS , JUSTICE UNOPPOSED MOTION TO ADD THE PERSONAL REPRESENTATIVE OF THE ESTATE OF KENNETH E. TUTTLE AS A PARTY IN INTEREST COPY TO ATTYS HUNTINGTON, Page 8 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD HODGINS, LIPMAN 03/25/2009 HEARING - 26(G) CONFERENCE HELD ON 03/25/2009 NANCY MILLS , JUSTICE Defendant's Attorney: DAVID LIPMAN Plaintiff's Attorney: JONATHAN B HUNTINGTON ALSO: JAMES BELLEAU, ESQ., MICHAEL HODGINS, ESQ., ROBERT MITTLE, ESQ. ATTY BELLEAU WILL PRODUCE TO THE COURT E-MAILS #1-3. ATTY BELLEAU AND ATTY HUNTINGTON WILL FILE LETTERS AND WILL OUTLINE THEIR POSITIONS REGARDING RELEVANCE AND ADMISSIBILITY IN GENERAL. COUNSEL WILL CONSIDER CONSOLIDATION OF THREE PENDING RELATED ACTIONS OR APPLICATION TO BUSINESS COURT. COpy TO ALL ATTORNEYS. 03/26/2009 party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 03/25/2009 Defendant's Attorney: MICHAEL HODGINS 04/08/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE LETTER - FROM PARTY FILED ON 03/27/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON RE: IN CAMERA REVIEW 04/08/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 03/31/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON 04/08/2009 OTHER FILING - STATEMENT OF TIME FOR TRIAL FILED ON 03/31/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON 3 DAYS 04/09/2009 party(s): PAULETTE A TUTTLE OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 04/02/2009 Defendant's Attorney: DAVID LIPMAN 04/09/2009 Party(s): KIMBERLY TUTTLE GLEASON, PAULETTE A TUTTLE,TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - STIPULATION FILED ON 04/02/2009 Defendant's Attorney: MICHAEL HODGINS Plaintiff's Attorney: JONATHAN B HUNTINGTON S/LIPMAN, ESQ. STIPULATION OF FACT BY PARTIES 04/09/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) MOTION - MOTION STAY OF PROCEEDINGS FILED ON 04/06/2009 Defendant's Attorney: ROBERT MITTEL MOTION TO STAY OF THE PERSONAL REPRESENTATIVE 04/10/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) MOTION - MOTION STAY OF PROCEEDINGS GRANTED ON 04/10/2009 NANCY MILLS, JUSTICE 1. ACTION STAYED FOR 90 DAYS. 2. ALL DEADLINES IN SCHEDULING ORDER WHICH HAVE NOT ALREADY RUN ARE EXTENDED FOR 90 DAYS. 3. GRANTING OF THE MOTION NOT A DECISION ON ANY ISSUE IN THIS PROCEEDING. COpy TO ATTYS HUNTINGTON, HODGINS, LIPMAN, MITTEL 04/10/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) Page 9 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD ATTORNEY - RETAINED ENTERED ON 04/06/2009 Attorney: ROBERT MITTEL 04/10/2009 NOTE - OTHER CASE NOTE ENTERED ON 04/10/2009 PER ORDER DATED 4/10/09, CASE STAYED FOR 90 DAYS. 04/13/2009 LETTER - FROM NON-PARTY FILED ON 03/26/2009 S/JAMES E. BELLEAU, ESQ, ATTY FOR NATHAN TUTTLE & TUTTLE-ANTIQUES FOR IN CAMERA REVIEW) (CONFIDENTIAL 04/22/2009 ORDER - COURT ORDER ENTERED ON 04/17/2009 NANCY MILLS , JUSTICE THE DOCUMENTS SUBMITTED BY COUNSEL FOR NATHAN TUTTLE FOR IN CAMERA REVIEW WILL NOT BE PRODUCED TO PLAINTIFFS' COUNSEL. COpy TO ATTYS HODGINS, HUNTINGTON, MITTEL, LIPMAN, BELLEAU 06/30/2009 ORDER - FAIL FILE STATEMENT OF COUNSEL ENTERED ON 06/30/2009 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. ORDER FOR FAILURE TO FILE STATEMENT OF COUNSEL ENTERED. SANCTIONS IMPOSED. ($75) COpy TO ATTYS HUNTINGTON, LIPMAN, HODGINS, MITTELL 07/03/2009 TRIAL - TRAILING LIST SCHEDULED FOR 07/03/2009 AUGUST 6 TO SEPTEMBER 1, 2009 07/08/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) LETTER - FROM PARTY FILED ON 07/06/2009 Defendant's Attorney: ROBERT MITTEL RE: ORDER IMPOSING SANCTIONS FOR FAILURE TO FILE 07/10/2009 ORDER - FAIL FILE STATEMENT OF COUNSEL VACATED ON 07/09/2009 NANCY MILLS , JUSTICE COpy TO ATTYS HUNTINGTON, HODGINS, LIPMAN, MITTELL 07/14/2009 ORDER - FINAL PRETRIAL ORDER ENTERED ON 07/07/2009 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. HUNTINGTON, HODGINS, LIPMAN, MITTEL COpy TO ATTYS 07/21/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION PARTIAL SUMMARY JUDG FILED WITH AFFIDAVIT ON 07/13/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON W/ MEMORANDUM OF LAW, STATEMENT OF MATERIAL FACTS & ATTACHMENTS, AFFDAVIT OF ANTHONY TUTTLE (COPY), AFFIDAVIT OF KIMBERLY TUTTLE GLEASON 6/6/08 (COPY), AFFIDAVIT OF KIMBERLY TUTTLE GLEASON 8/4/08 (COPY), AFFIDAVIT OF JONATHAN B. HUNTINGTON & EXHIBITS, PROPOSED ORDER, REQUEST FOR HEARING. 07/21/2009 OTHER FILING - TRANSCRIPT FILED ON 07/13/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON DEPOSITION OF PAULETTE A. TUTTLE - 9/30/08, 11/6/08, 12/2/08, AND DEPOSITION EXHIBITS 1 74. page 10 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD 07/21/2009 OTHER FILING - TRANSCRIPT FILED ON 07/13/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON DEPOSITION OF KIMBERLY TUTTLE GLEASON - 9/30/08 AND 12/2/08 (COPIES) 07/21/2009 OTHER FILING - TRANSCRIPT FILED ON 07/13/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON DEPOSITION OF REGINALD PERRY, CPA - 1/29/09 (COPY) 07/30/2009 Party(s): PAULETTE A TUTTLE OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 07/27/2009 Defendant's Attorney: DAVID LIPMAN DEFT PAULETTE TUTTLE'S 07/30/2009 Party(s): KIMBERLY TUTTLE GLEASON, ANTHONY TUTTLE MOTION - MOTION IN LIMINE FILED ON 07/28/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTF'S MOTION IN LIMINE TO EXCLUDE EXPERT WITNESS 07/30/2009 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - TRIAL BRIEF FILED ON 07/30/2009 Defendant's Attorney: MICHAEL HODGINS TRIAL BRIEF OF DEFT THE TUTHILL FAMILY LTD PARTNERSHIP 07/30/2009 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - WITNESS LIST FILED ON 07/30/2009 Defendant's Attorney: MICHAEL HODGINS OF THE TUTHILL FAMILY LTD PARTNERSHIP 07/30/2009 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - EXHIBIT LIST FILED ON 07/30/2009 Defendant's Attorney: MICHAEL HODGINS OF THE TUTHILL FAMILY LTD PARTNERSHIP 08/04/2009 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/31/2009 Defendant's Attorney: MICHAEL HODGINS DEFT TUTHILL FAMILY LTD PARTNERSHIP'S MEMORANDUM IN OPPOSITION TO PLTF'S MOTION FOR PARTIAL S.J., OPPOSING STATEMENT OF MATERIAL FACTS, AFFIDAVIT OF PAULETTE TUTTLE W/ EXHIBIT A, AFFIDAVIT OF STEPHEN BARNARD, DEPOSITION EXHIBITS GLEASON 1 AND 2. 08/04/2009 Party(s): KIMBERLY TUTTLE GLEASON, ANTHONY TUTTLE OTHER FILING - TRIAL BRIEF FILED ON 07/31/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' 08/04/2009 Party(s): PAULETTE A TUTTLE OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/03/2009 Defendant's Attorney: DAVID LIPMAN DEFT PAULETTE TUTTLE'S MEMORANDUM IN OPPOSITION TO PLTF'S MOTION FOR PARTIAL S.J., OPPOSING STATEMENT OF MATERIAL FACTS AND STATEMENT OF ADDITIONAL FACTS 08/04/2009 OTHER FILING - TRANSCRIPT FILED ON 08/03/2009 Defendant's Attorney: DAVID LIPMAN Page 11 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD DEPOSITION OF ANTHONY TUTTLE, 10/1/08. 08/05/2009 party(s): PAULETTE A TUTTLE LETTER - FROM PARTY FILED ON 08/05/2009 Defendant's Attorney: DAVID LIPMAN DEFT PAULETTE TUTTLE JOINS AND INCORPORATES TRIAL BRIEF SUBMITTED BY DEFT TUTHILL FAMILY LTD PARTNERSHIP 08/05/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/05/2009 Defendant's Attorney: ROBERT MITTEL OPPOSITION OF THE PR TO PLTF'S MOTION FOR S.J., OPPOSITION STATEMENT OF FACTS 08/05/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 08/05/2009 Defendant's Attorney: ROBERT MITTEL OF PR 08/13/2009 party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - REPLY MEMORANDUM FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' REPLY MEMORANDUM, W/ ATTACHMENTS 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' OBJECTIONS AND REPLY STATEMENT OF MATERIAL FACTS TO THE TUTHILL FAMILY LTD PARTNERSHIP'S OPPOSING STATEMENT OF MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL FACTS 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - REPLY MEMORANDUM FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON PLTFS' REPLY STATEMENT OF MATERIAL FACTS TO PAULETTE TUTTLE'S OPPOSING STATEMENT OF MATERIAL FACTS AND STATEMENT OF ADDITIONAL FACTS 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON OTHER FILING - AFFIDAVIT FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON OF KIMBERLY GLEASON 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - AFFIDAVIT FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON OF JONATHAN B. HUNTINGTON 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - OTHER DOCUMENT FILED ON 08/07/2009 Plaintiff's Attorney: JONATHAN B HUNTINGTON CERTIFIED COPY OF ORDER FROM REGISTRY OF PROBATE DATED 8/5/09. 08/13/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE OTHER FILING - OTHER DOCUMENT FILED ON 08/07/2009 Page 12 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD Plaintiff's Attorney: JONATHAN B HUNTINGTON COPY OF ORDER ON MOTION TO INTERVENE OF NATHAN TUTTLE (KENNEBEC COUNTY PROBATE COURT, DOCKET NO 2002-0538-2) 08/18/2009 Party(s): PAULETTE A TUTTLE OTHER FILING - OPPOSING MEMORANDUM FILED ON 08/13/2009 Defendant's Attorney: DAVID LIPMAN DEFT PAULETTE TUTTLE'S OBJECTION TO PLTFS' MOTION IN LIMINE TO EXCLUDE DAN DWYER AS AN EXPERT WITNESS 08/18/2009 Party(s): TUTHILL FAMILY LIMITED PARTNERSHIP OTHER FILING - REPLY MEMORANDUM FILED ON 08/14/2009 Defendant's Attorney: MICHAEL HODGINS DEFT TUTHILL FAMILY LTD PARTNERSHIP'S RESPONSE TO THE OBJECTIONS IN PLTFS' REPLY STATEMENT OF MATERIAL FACTS 08/18/2009 Party(s): PAULETTE A TUTTLE OTHER FILING - REPLY MEMORANDUM FILED ON 08/14/2009 Defendant's Attorney: DAVID LIPMAN REPLY OF DEFT PAULETTE TUTTLE TO PLTFS' REPLY STATEMENT OF MATERIAL FACTS TO P. TUTLE'S OPPOSING STATEMENT OF MATERIAL FACTS 08/18/2009 Party(s): SUSAN E HUNTER (PR OF ESTATE) LETTER - FROM PARTY FILED ON 08/18/2009 COPY OF LETTER FROM ATTY MITTEL TO HON. JAMES E. MITCHELL INDICATING NOT ALL COUNSEL DESIRE TO PARTICIPATE IN THE JOINT CONFERENCE PROPOSED AND THAT THERE WILL NOT BE A JOINT CONFERENCE WITH THE SUPERIOR COURT AND ALL COUNSEL. 09/04/2009 TRIAL - TRAILING LIST CONTINUED ON 09/04/2009 09/04/2009 TRIAL - TRAILING LIST SCHEDULED FOR 10/06/2009 TRIAL LIST 10/6 TO 10/30/09. 10/07/2009 HEARING - SETTLEMENT CONFERENCE SCHEDULED FOR 10/29/2009 @ 9:00 NOTICE TO PARTIES/COUNSEL 10/07/2009 HEARING - SETTLEMENT CONFERENCE SCHEDULE OTHER COURT ON 10/29/2009 @ 9:00 CARL 0 BRADFORD , JUSTICE PORSC 10/15/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION PARTIAL SUMMARY JUDG GRANTED ON 10/15/2009 NANCY MILLS , JUSTICE SEE NOTES IN JUDGMENT 10/15/2009 Party(s): KIMBERLY TUTTLE GLEASON,ANTHONY TUTTLE MOTION - MOTION PARTIAL SUMMARY JUDG DENIED ON 10/15/2009 NANCY MILLS , JUSTICE SEE NOTES IN JUDGMENT 10/15/2009 FINDING - JUDGMENT DETERMINATION ENTERED ON 10/15/2009 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPY TO ATTYS Page 13 of 14 Printed on: 10/15/2009 AUGSC-CV-2008-00159 DOCKET RECORD HODGINS, HUNTINGTON, LIPMAN, MITTEL ORDER - PARTIAL SUMMARY JUDGMENT ENTERED ON 10/15/2009 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPY TO ATTYS HODGINS, HUNTINGTON, LIPMAN, MITTEL Judgment entered for KIMBERLY TUTTLE GLEASON, ANTHONY TUTTLE and against PAULETTE A TUTTLE, TUTHILL FAMILY LIMITED PARTNERSHIP. THE PLTFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED IN FAVOR OF THE PLTFS KIMBERLY GLEASON AND ANTHONY TUTTLE AND AGAINST THE DEFTS TUTTLE FAMILY LTD PARTNERSHIP AND PAULETTE TUTTLE ON COUNTS III AND VII AS FOLLOWS: (1) THE TUTTLE FAMILY LTD PARTNERSHIP IS DISSOLVED AS OF 9/3/08; (2) DEFT PAULETTE TUTTLE IS REMOVED AS GENERAL PARTNER OF THE TUTTLE FAMILY LTD PARTNERSHIP; AND (3) THE PLTFS HAVE WITHDRAWN AS LIMITED PARTNERS OF THE TUTTLE FAMILY LTD PARTNERSHIP. THE PLTFS' REQUEST THAT THEY WIND UP THE TUTTLE FAMILY LTD PARTNERSHIP'S AFFAIRS IS DENIED. BY AGREEMENT OF THE PARTIES, THE STATUS QUO OF THE TUTTLE FAMILY LTD PARTNERSHIP WILL BE MAINTAINED UNTIL FURTHER ORDER OF COURT. IF THE PARTIES CANNOT AGREE ON A LIQUIDATING TRUSTEE, EACH PARTY WILL FILE BY 11/5/09 THE NAME OF A PROPOSED TRUSTEE AND A BRIEF ARGUMENT IN SUPPORT OF THE PROPOSED TRUSTEE. 10/15/2009 NOTE - OTHER CASE NOTE ENTERED ON 10/15/2009 ORDER ON MOTION FOR SUMMARY JUDGMENT (10/15/09) SENT TO REPOSITORIES. A TRUE COPY ATTEST: Clerk Page 14 of 14 Printed on: 10/15/2009

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