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In support, they contend that in their motions, Defendants allude to an array of documents irrelevant to the allegations in Plaintiffs' Complaint. Pls.' (citing Zieben v. Platt, 786 S.W.2d 797, 802 (Tex. According to his family tree, he married Patricia Ann Hillon August 30, 1966 in Texas. Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 15(a)(2) of the Federal Rules of Civil Procedure. He was 72. 1883 at 6 (July 3, 2018 Memorandum Opinion and Order). The estate of albert galatyn hill, jr., through its independent executor margaret keliher, the estate of albert galatyn hill, jr., through its independent . Compl., Doc. After entry of the GSA, and in connection with discussing options for preserving Hill III's remainder interest in his new separate MHTE trust for his children, he supported an asset protection trust alternative in which he would have had the power to direct disposition of the trust assets through the power of appointment that is given to the Beneficiary under the MHTE trust. . 2008); Guidry v. American Pub. 999 at 8-9, 8.a and at 20-22, 9.a. As far as the undersigned is concerned, Hill III and his covey of attorneys are making a mockery of and abusing the judicial process; and it is high time for the court to address this repeated conduct. In United States ex rel. Albert Galatyn Hill III. Yet, over the next four years, our court weighed in on the settlement' four times. It is clear that Plaintiffs seek to benefit from Hassie having exercised the same power of appointment they now argue that Hill Jr. did not possess when he exercised his power of appointment in his 2014 Will. See generally Hill v. Schilling, 495 Fed.Appx. Federal courts are courts of limited jurisdiction and must have statutory or constitutional power to adjudicate a claim. If you do not agree with these terms, then do not use our website and/or services. Co., 509 F.3d 673, 675 (5th Cir. They further argue that the issue of whether the dissolution of Hill Jr.'s Trusts was improper is moot. 18); grants Motion to Dismiss of Defendant Lyda Hill (Doc. 2008) (Estoppel . On March 22, 2005, Hill Jr. executed a disclaimer as to certain portions of the equitable interests he was to receive under the MHTE (the 2005 Disclaimer) in favor of his three children: Hill III, Washburne, and Summers. The pleadings include the complaint and any documents attached to it. 879 at 21, 5(a) and Doc. (quotation marks, citations, and footnote omitted). 2020 Action, Doc. Further, it is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. $266.00, Financial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, Financial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, APPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY. Hill III opposes the motions. Accueil; Services; Ralisations; Annie Moussin; Mdias; 514-569-8476 Lyda Hill contends that Plaintiffs are judicially estopped from asserting that she, as the current beneficiary of the Lyda Hill trusts, lacks powers of appointment to do what she wishes with the Lyda Hill Trusts, including were she to choose to dissolve the trusts. The GSA and the Final Judgment also did not grant Hill III or his children any termination interest in Lyda's separate MHTE and HHTE trusts. III 3 (HHTE) (emphasis added). Leave of court to amend should not be allowed for a party to act in bad faith, cause undue delay, or pursue amendments that are futile. ALBERT G. HILL, III, . 2022-09-27. 1. I. YouTube Encyclopedic. 26), filed April 12, 2021. She Was Murdered On Her Way To College Fifty Eight Years In The Past Cops Lastly Know Her Killer He accuses them of placing Boo's life history on show for the edification of the neighborhood. MOTION - EXCLUDE; Comment: APPLICANT'S MOTION TO EXCLUDE TRIAL EXHIBITS OF ALBERT G. HILL, III, ORDER - MISCELLANEOUS; Comment: GRANTING APPLICATION FOR ENLARGEMENT OF POWERS OF TEMPORARY ADMINISTRATOR RELATING TO THE 1298 LAWSUIT, OBJECTION; Comment: APPLICANT'S OBJECTION TO ALBERT G. HILL. 28 U.S.C. In his will, Hassie exercised his general testamentary power of appointment in the HHTE in favor of the lineal descendants of my sister Margaret Hunt Hill, per stirpes. 2020 Action, Doc. Co., 243 F.3d 912, 919 (5th Cir. Thus, unlike a Rule 12(b)(6) motion to dismiss for failure to state a claim, the district court is entitled to consider disputed facts as well as undisputed facts in the record and make findings of fact related to the jurisdictional issue. The court agrees. 212-6; Doc. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 26 (original emphasis). Her father was H. L. Hunt (18891974) and her mother, Lyda Bunker (18891955). 7. Plain English. After the Probate Court had conducted hearings on those motions, Hill III nonsuited his claims without prejudice. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. After more than three decades in Chase Tower, the Dallas Petroleum Club has inked a 15-year lease to move into Hunt's HQ, across from Klyde Warren Park. DocketNOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. Legacy. Multi-Unit Residential; Residential; Hospitality Id. Article III, Section 3 of the 1935 Trust Instruments, however, provides a current MHTE and HHTE beneficiary with powers of appointment, as follows: Exhibit B to Pls.' CM-ECF citations from Hill v. Hunt et al., Civil Action No. . Among other thigs, the Hill Jr. Dj vu is defined as, among other things, a feeling one has seen or heard something before, and as something overly or unpleasantly familiar. Merriam-Webster's Collegiate Dictionary 329 (11th ed. of Pardons & Parole, 114 Fed.Appx. IV 3 (HHTE). Hunt. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. Thus, if events after a case is filed resolve the parties' dispute, the case must be dismissed as moot because federal courts do not have the constitutional authority to decide moot cases. On December 22, 2017, Hill III entered the probate proceedings, challenging the terms of the will that appointed executors to [the Hill Jr. 2005). June 18, 2019) (Fitzwater, J.) Hunt Dallas entrepreneur and philanthropist Al G. Hill Jr. died in his sleep at his Highland Park home in December 2017, family members said. Family. The court also rejects Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. They bought a $9 million dollar estate in swanky Buckhead (think Highland Park on Strait Lane in Dallas), closed on it in July. They also assert, because this action arises after May 14, 2010 [the date of the GSA], arises out of the GSA, and involves implementation and enforcement of the GSA and the Final Judgment, it is properly and necessarily brought here. Id. denied); Royalco Oil & Gas Corp. v. Stockhome Trading Corp., 361 S.W.3d 725, 732 (Tex. Hill III's incessant litigation and filings in this court following the entry of the Final Judgment by Judge O'Connor on December 8, 2010, and on appeal before the Fifth Circuit, which has weighed in on the settlement five different times, Hill, 953 F.3d at 302, evoke what can only be described as dj vu. Co., 511 U.S. 375, 377 (1994) (citations omitted); Home Builders Ass'n of Miss., Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. Enjoy unlimited access to all of our incredible journalism, in print and digital. 2 regarding Hill Jr.'s Powers of Appointment. App.-Corpus Christi 2012, pet. Id. Civil Action 3:20-CV-3634-L (N.D. Tex. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. In their current lawsuit, Plaintiffs, once again, assert the same claims that the court denied without prejudice on July 3, 2018, when it deferred to the Probate Court before which identical claims were pending. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Once you create your profile, you will be able to: To defeat a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a plaintiff must plead enough facts to state a claim to relief that is plausible on its face. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Reliable Consultants, Inc. v. Earle, 517 F.3d 738, 742 (5th Cir. Cancellation and Refund Policy, Privacy Policy, and Hill III appealed the Final Judgment challenging, among other things, the addition of provisions that were not part of the GSA. The children of Arteriors founder Mark Moussa have a new concept of their own. Collins, 224 F.3d at 498-99. Strike 1, Doc. Nance Haroldson Hill. Co. v. City of Mont Belvieu, Tex., 611 F.3d 289, 298 (5th Cir. Quasi-estoppel forbids a party from accepting the benefits of a transaction and then subsequently taking an inconsistent position to avoid corresponding obligations or effects. Often described as "America's Swiss Founding Father ", [3] [4] he was a leading figure in the early years of the United States, helping shape the new republic's financial system and foreign policy. 1994)). 1. 2020 Action, Doc. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the familys trusts. About Us| As part of the Final Judgment, the court, incorporating the No. 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1-2 at 10 Art. Defs.' This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Eleventh Circuit. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2. Plaintiffs' Motion to Strike and Request to Convert Pending Motions to Dismiss into Motions for Summary Judgment. On CandysDirt, I told you about Al and Erin Hill, that's Al Three, who recently moved their family to Atlanta. 28. Defendants contend that Hill III is estopped from contending Hill Jr. does not have powers of appointment in the Hill Jr. 2011) (quoting Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. As recently summarized by the Fifth Circuit: The Fifth Circuit also recognized in Hill v. Washburne, After protracted [and] complicated' litigation, Hill v. Schilling, 593 Fed.Appx. which best describes the pillbugs organ of respiration; jesse pearson obituary; ion select placeholder color; best fishing spots in dupage county Plaintiffs further argue that both Motions are replete with the sort of name calling and character assassination that should be excluded from pleadings. Id. In this regard, a document that is part of the record but not referred to in a plaintiff's complaint and not attached to a motion to dismiss may not be considered by the court in ruling on a 12(b)(6) motion. For these reasons, the court denies Plaintiffs' Motion to Strike. Stated another way, when a court deals with a Rule 12(b)(6) motion, its task is to test the sufficiency of the allegations contained in the pleadings to determine whether they are adequate enough to state a claim upon which relief can be granted. History 1800s. 21); and denies Plaintiffs' Motion to Strike (Doc. Hunt. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2; and (3) appealing the October 11, 2018 Order Admitting Will to Probate and Authorizing Letters Testamentary issued by Judge Ingrid M. Warren in Probate Court No. Trusts and, for Hill III's benefit, his one-third interest in the Disclaimed Beneficial Interests, because of the 2005 Disclaimer, were partitioned into the Hill III Trusts. While well-pleaded facts of a complaint are to be accepted as true, legal conclusions are not entitled to the assumption of truth. Iqbal, 556 U.S. at 679 (citation omitted). They assert that Defendants, following the December 2, 2017 death of Hill III's father, Albert G. Hill, Jr. (Hill Jr.), have breached their duties owed to Plaintiffs in the GSA and Final Judgment by terminating and dissolving these trusts in 2016, rather than allowing them to terminate twenty-one years after the deaths of their initial beneficiaries. 999 39, 36. A. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. The case status is Pending - Other Pending. Law Offices of Gary Martin Hays & Associates https://www.law.com/texaslawyer/2020/02/05/left-nothing-by-tycoon-father-albert-hill-is-now-on-the-hook-for-hefty-attorney-fees/. Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms. 1978). See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. We will review the memorials and decide if they should be merged. 1993)). Trusts were dissolved in 2016, Hill III would never become a current beneficiary and any relief granted that results in money being returned to the Hill Jr. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). Under Texas law, quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a position previously taken. Dallas most important news stories of the week, delivered to your inbox each Sunday. II, in ruling on such a Rule 12(b)(6) motion to dismiss, the court cannot look beyond the pleadings. Life Ins. Separately, the court concludes that Hill III lacks standing to assert any claims against Lyda Hill related to the HHTE because he released these claims in open court as part of the settlement. 30342 (404) 237-6650. Albert Gallatin Hill from tree Polasek Kennedy Wakefield Crawford Family Tree 2969 People 11 Records 14 Sources Albert Gallatin Hill found in Albert Gallatin Hill from tree Parrish Family Tree (Private) Birth xx xxx 1832 McNairy, Tennessee, USA No publicly available family members 738 People 6 Records 14 Sources Contact Tree Owner Courts Cheat Sheet; Query Builder; Jurisdiction Selector; Suggestions; Basic Search. As Erin Hill does not contest that she lacks standing, the court grants the Rule 12(b)(1) motion to dismiss as to Erin Hill's claims. Thus, as Hill III released these claims, he lacks standing to raise them in this civil action. Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. On May 13, 2010, the parties entered into the GSA (Doc. Reply 10, Doc. In the GSA, and as confirmed by the Final Judgment, Hill III covenanted not to reassert any released claims against Lyda Hill. For questions call 1-877-256-2472 or contact us at [emailprotected], By Thomas Ciarlone Jr. and Demetri Economou, By Grant Nakayama, Ilana Saltzbart, Amina S. Dammann, Arlene Hennessey, Ani M. Esenyan, Shearman and Hogan Lovells Call Off Merger Talks, Early Reports: 2023 Am Law 200 Financials, Beyond Excess Capacity, Pooled Services and Automation Expedite Staff Layoffs, Dozens of Law Firms Grew Their Equity Partner Tier, Even as Profits and Demand Plummeted. Lyda Hill opposes Plaintiffs' Motion to Strike and, in her reply brief, she argues: Lyda Hill's Reply 2, Doc. In her reply brief, Lyda Hill notes that Plaintiffs mischaracterize a Probate Court order described in her motion. In contrast to the recognition of Hill Jr.'s 2005 Disclaimer, Plaintiffs agreed on behalf of themselves and their children, in the GSA and as confirmed in the Final Judgment that there is no disclaimer by Lyda to the MHTE or HHTE, and agree[d] that they shall not, and they are hereby ORDERED not to, assert any claims, cause of action, count, or counter-claim to the contrary. 2020 Action, Doc. The Final Judgment enforced the agreeing parties' waiver of standing provision, whereby each agreeing party, defined to include Hill III, agreed to waive any right to demand information, seek accountings, or assert any claim or cause of action in connection with, any trust for the primary benefit of a descendent of Margaret Hunt Hill of which he or she was not a current beneficiary: As the undersigned has held, per the Waiver of Standing clause, each of the parties agreed to waive his or her standing and right to demand information, seek accountings, or assert any claim or cause of action in connection with any trust for the primary benefit of a descendant of Margaret Hunt Hill of which he or she was not a current beneficiary. 2020 Action, Doc. Thus, the court denies Plaintiffs' request to convert the pending Rule 12(b)(1) motions into summary judgment motions. Adams, 556 F.2d at 293. and Mot. She had six siblings Caroline Rose Hunt (born 1923), H. L. Hunt III ( and the court's rulings. Id. Margaret Hunt Hill (19152007) was an American heiress and philanthropist. It deals 10.32 damage per second and accumulates 134 TP per hit. Hilllost his appeal in litigation with his sisters over a dispute about their fathers will. Following removal to federal court on December 3, 2007, the case was randomly assigned to Judge O'Connor. A case becomes moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome of the litigation. The Final Judgment also partitioned portions of the MHTE and HHTE into separate trusts for Lyda Hill, who became the sole current beneficiary of separate one-third shares of each of the MHTE and HHTE trusts. Constitutional standing is assessed at the time a plaintiff commences an action. ' Id. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. Your article was successfully shared with the contacts you provided. Fifth Circuit Tells Albert G. Hill III to Stop Challenging His Fathers Will. What Joseph L. Rini Knows, Attorney Rachel Y. Marshall A Pillar of Strength for the Community, SpotDraft Raises $26 Million in Series A Funding for AI-Powered Legal Software. $266.00, FinancialFinancial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, FinancialFinancial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, DocketAPPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY, Dallas County Texas Courts | Probate | Hill Development Corporation; Fast Food Holdings; Hill Family Foundation. We know that Albert Galatyn Hill Jr had been residing in Dallas County, Texas. Not one time has the Fifth Circuit ruled in favor of Hill III on any of his five appeals. 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. In addition, in light of the court's determination that Plaintiffs are estopped from bringing their claims, either under a theory of judicial estoppel or quasi-judicial estoppel, any amendment would be futile. Hill Jr.'s attempt to rescind his disclaimers was ultimately unsuccessful. albert galatyn hill iii. 1-3 at 10-11, Art. Although not addressed in the Complaint, Plaintiffs attempt to raise the issue in their response brief of whether Hill Jr. had the powers of appointment he exercised in his Will. Why is this public record being published online? 1331, 1332. 2007) (citing Cinel v. Connick, 15 F.3d 1338, 1343 n.6 (5th Cir. 2004) (citation omitted). ' Funk v. Stryker Corp., 631 F.3d 777, 783 (5th Cir. Albert Gallatin (29 January 1761 - 12 August 1849) was the United States Secretary of the Treasury from 14 May 1801 to 8 February 1814, succeeding Samuel Dexter and preceding George W. Campbell. The court stated in a memorandum opinion and order issued on December 10, 2018: 2. 1977); Doe v. Hillsboro Indep. Although the court lacks subject matter jurisdiction over Plaintiffs' claims and dismissals for lack of jurisdiction are ordinarily without prejudice, and in light of this court's ruling, there is no court, state or federal, that has jurisdiction to hear Plaintiffs' claims. A primary focus of the lawsuit was Hill III's claim to be a current beneficiary of the MHTE pursuant to Hill Jr.'s 2005 Disclaimer. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendantsat whom he lobbed lawsuits. United States District Court, Northern District of Texas. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 2015), the Fifth Circuit stated, [W]e have not hesitated to apply judicial estoppel to dismiss claims under Rules 12(b)(6) or 12(c) while affirming dismissal of claims based on judicial estoppel. In light of its rulings herein, the court need not address any other argument made by the parties. 2002). Here, Plaintiffs have not sought to satisfy any of these factors, and the court concludes that none of the factors weighs in favor of allowing Plaintiffs to amend their Complaint. Categories . In the GSA, the parties stipulated that Hill Jr.'s 2005 Disclaimer was valid. According to Plaintiffs: The Hill Jr. App.-Fort Worth 2012, no pet.). Galatyn (, Garatn? Gines v. D.R. Clark v. Tarrant Cnty., 798 F.2d 736, 741 (5th Cir. See Pls.' Defs.' After Hassie's death, therefore, his equitable interests in the HHTE passed in equal shares to Margaret Hunt Hill's three children (Hill Jr., Lyda Hill, and Alinda Hill Wikert), as they were Margaret Hunt Hill's lineal descendants on the date of Hassie's death. Factual Background and Procedural History Because this case is the subject of a prior memorandum opinion, Full title:ALBERT G. HILL, III and ERIN NANCE HILL, Plaintiffs, v. THE ESTATE OF, Court:United States District Court, Northern District of Texas. P.C. Defendants oppose these requests in their respective reply briefs. If she desires to seek sanctions or attorney's fees, she should file a formal motion and brief in accordance with Federal Rule of Civil Procedure 54(d)(2). Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. The court does not intend to consider any other matter arising out of the GSA, the Final Judgment, the MHTE, or the HHTE, except for what is pending in the 2020 Action. douglas county oregon firewood permit. 620, 622 (5th Cir. Moreover, no reasonable person would have contemplated that Hill III related litigation that was settled by the GSA and Final Judgment in 2010 would be occurring almost 12 years later. While a complaint need not contain detailed factual allegations, it must set forth more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Twombly, 550 U.S. at 555 (citation omitted). Both options are priced the same. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Trusts not in favor of Hill III. The Hill Jr. Albert G Hill, III, individually, and as a Beneficiary of the Margaret Hunt Trust Estate, derivatively on behalf of the Margaret Hunt Trust Estate, individually, As a beneficiary of the Haroldson Lafayette Hunt Jr. Trust Estate, and derivately on Behalf of the Haroldson, Plaintiff, represented by Emil Lippe, Jr. , Law Offices of Lippe & Associates & Diana . On December 28, 1935, H.L. (quoting Venture Assocs. Horton, Inc., 699 F.3d 812, 820 & n.9 (5th Cir. Accordingly, he is not now, nor will he ever be, a current beneficiary of the Hill Jr. Defendants have moved to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6), arguing, among other things, that Plaintiffs lack standing; that Plaintiffs' claims have been settled, released, and adjudicated in the Final Judgment; and that Plaintiffs have taken positions contrary to the positions they espouse in the Complaint when it was to their benefit and are, therefore, estopped from bringing their current claims. Hill Jr. As the court has granted dismissal under Rule 12(b)(1), it need not consider the remaining arguments in support of the pending motions to dismiss. ; Stockman v. Federal Election Comm'n, 138 F.3d 144, 151 (5th Cir. See 2020 Action, Doc. In response to the pending motions to dismiss, Plaintiffs do not request to amend their pleadings in the event the court dismisses their claims pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction or Rule 12(b)(6) for failure to state a claim. 2020 Action, Doc. 1998). Exhibit B to Pls.' The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. 3:07-cv-2020-L (the 2020 Action) are referenced herein as 2020 Action, Doc. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. But when Daddy died, Hill III immediately challenged the will in probate court, ultimately forcing the Fifth Circuit to weigh in on the settlement five different times. She was 91. Among other things, Hill III alleged wrongdoing in the management and administration of the MHTE and HHTE by their respective trustees and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C 1961, et seq. 1883 at 2 (July 3, 2018 Memorandum Opinion and Order). Published by at 14 Marta, 2021. 18); grants Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. The primary beneficiary of the MHTE was Margaret Hunt Hill and the primary beneficiary of the HHTE was Haroldson L. Hunt, Jr. (Hassie). Finally, the court is entitled to consider its own prior rulings and any and all rulings in the 2020 Action that are relevant to this lawsuit. Edited by WileECoyote about 2 years ago History. Foman v. Davis, 371 U.S. 178, 182 (1962); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. In her motion to dismiss, Lyda Hill notes that Plaintiffs' Complaint is replete with references to the underlying settled federal and state court litigation .