Jordan et al v. Osmun, No. 1:2016cv00501 - Document 164 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 6/29/2017. (awac, )
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Jordan et al v. Osmun Doc. 164 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Robert Jordan, et al., Plaintiffs, Civil Action No. l:16-cv-501 Hon. Liam O'Grady Hon. Michael S. Nachmanoff Susan A. Osmun, et al., Defendants. MEMORANDUM OPINION This matter comes before the Court on Plaintiffs' Second Motion for Sanctions Pursuant to Federal Rule ofCivil Procedure 37 (Dkt. No. 124), and Plaintiffs' Motion for Summary Judgment. (Dkt. No. 127). The dispute arises out ofalleged misappropriation offunds by Susan Osmun while acting as attorney in fact for her aunt, Lucille Kelly. Plaintiffs are Mrs. Kelly's current attorneys in fact. For the reasons discussed below, the Court GRANTS Plaintiffs' Second Motion for Sanctions and GRANTS Plaintiffs' Motion for Summary Judgment. I. Background Robert Jordan and Cheryl Anacker (hereafter "Plaintiffs"), pursuant to their Durable Power of Attorney for Lucille Kelly dated April 1, 2016, filed acomplaint against Susan Osmun, Mrs. Kelly's former attorney in fact since September 2008, alleging breach of fiduciary duty, conversion, fraud, and unjust enrichment. On or about September 24, 2008, Lucille Kelly executed adurable power ofattorney naming her husband, Frank Kelly, and her niece, Susan Osmun, as attorneys in fact, each independently empowered to act on Mrs. Kelly's behalf Mr. Kelly passed away in March 2015 Dockets.Justia.com
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