Hall v. Martin

191 F.R.D. 617, 2000 U.S. Dist. LEXIS 1939, 2000 WL 206573
CourtDistrict Court, D. Kansas
DecidedJanuary 19, 2000
DocketNo. CIV.A.99-1092-KHV
StatusPublished
Cited by1 cases

This text of 191 F.R.D. 617 (Hall v. Martin) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Martin, 191 F.R.D. 617, 2000 U.S. Dist. LEXIS 1939, 2000 WL 206573 (D. Kan. 2000).

Opinion

MEMORANDUM AND ORDER

VRATIL, District Judge.

This case arises from prior state court litigation between plaintiff and the estate of her elderly aunt, Esther Brodbeck. In that litigation, plaintiff mounted a vigorous but ultimately futile challenge to her aunt’s last will and testament and the position of the estate with respect to a certain certificate of deposit. Plaintiff has now sued the attorneys and law firms who represented her in these and related matters, claiming breach of contract, negligence, fraud and intentional infliction of emotional distress. She has also sued the beneficiaries of the estate, along with their attorneys, claiming fraud and collusion. The matter comes before the Court on plaintiffs Motion For Enlargement Of Time For Scheduling Conference And F.RCiv.P. 6(F) Meeting And Service Of Discovery Material (Doc. #41) filed June 30, 1999; plaintiffs Motion For Enlargement Of Time For Responding To The Honorable Kathryn Vra-til’s Orders Of August 20, 1999, Granting Permission to File An Amended Complaint And Ordering The Plaintiff To Show Cause Why This Court Has Subject Matter Jurisdiction Of Claims Against James, Hart, Ly-tle and Logan (Doc. # 63) filed August 30, 1999; Plaintiff’s Motion For Enlargement Of Time For Responding To The Honorable Kathryn H. Vratil’s Orders Of August 20, 1999, Granting Permission to File An Amended Complaint And Ordering The Plaintiff To Show Cause Why This Court Has Subject Matter Jurisdiction Of Claims Against James, Hart, Lytle and Logan And Request For Court Order Making Parties Keith Martin And Mark-Beam Send Hall’s File To Her (Doc. # 65) filed September 13, 1999; plaintiffs Memoranda Of Law Showing Cause Why Federal Claims Of Denial Of Constitutional Rights Against Defendants Ruth James, Dwight Hart, Fred Logan, and Robert Lytle Should Not Be Dismissed For Lack Of Subject Matter Jurisdiction (Doc. # 68) (“memorandum of law”) filed October 25, 1999;, plaintiffs Motion For Costs Under F.R.Civ.Pr. h Against Defendants Keith Martin And Mark BeamAWard (Doc. # 67) filed October 25, 1999; plaintiffs Request For Time Extension To Respond To Motions To Dismiss And Responses To Memoranda Of Law (Doc. # 80) filed November 29, 1999; Motion Of Defendant Robert Lytle To Dismiss (Doc. #71) filed November 17, 1999; and the Motion To Dismiss Claims Against Defendants Hart and James (Doc. # 73) filed November 19,1999.

Factual Background

On January 15,1992, plaintiffs aunt, Esther Brodbeck, executed a will which designated James and Hart as residual beneficiaries. See Amended Complaint (Doc. # 7) filed May 3, 1999 ¶ 12. This will replaced a will which had named plaintiff and a grandnephew of the decedent as residual beneficiaries. See id. Brodbeck died on December 28, 1993. Plaintiff challenged the validity of the will in state court. Keith Martin, of the Payne & Jones law firm, represented plaintiff. See id. ¶¶ 15-19. Robert Lytle had been Brodbeck’s attorney and he represented the will proponents, James and Hart, in the will contest proceeding. Lytle withdrew from that representation, however, because it became clear that he was a potential witness. See id. ¶ 94. After Lytle withdrew, Fred Logan represented James and Hart in the will contest proceeding. Logan filed a motion for summary judgment on behalf of his clients. Lytle, James, Hart and others submitted affidavits in support of the motion. See id. ¶ 20. On September 13, 1994, Judge Sam K. Bruner of the District Court of Johnson County sustained the motion. See Hall v. James (In re Estate of Brodbeck), 22 Kan. App.2d 229, 231, 915 P.2d 145, 148 (1996). Judge Bruner allowed Logan to prepare a journal entry of summary judgment. Plaintiff appealed the ruling and the Court of Appeals of Kansas affirmed. See id. at 229, 915 P.2d at 145. On June 12, 1996, The Kansas Supreme Court denied review. See id. In late 1996, Judge Bruner awarded Logan attorney fees from the estate, and Logan withdrew from his representation of James and Hart. See memorandum of law at 19-20.

[620]*620Plaintiff alleges that defendants submitted the affidavits in the will contest proceeding in bad faith because nearly all of the affidavits had been notarized by an employee in Lytle’s office and Lytle misrepresented certain facts in his affidavit. See Amended Complaint ¶¶ 20-22, 95. Plaintiff contends that Lytle, Logan, James and Hart conspired to end the will contest proceeding by summary judgment and that the Kansas courts erred by their reliance on the affidavits. See id. ¶¶ 101-04, 106. Plaintiff also claims that Logan improperly petitioned the district court for fees without notice to plaintiff and without a hearing. See memorandum of law at 19-20.

Brodbeck’s non-probate estate included a certificate of deposit (CD) which was payable on death to plaintiff. See id. at 17. The Brodbeck will contained an in terrorem clause which provided that if any beneficiary challenged the will, the beneficiary would lose all interest in Brodbeck’s property whether such property passed under the will or otherwise. See id. Based on this clause, James and Hart challenged Hall’s ownership of the CD. See id. at 18. On April 29, 1994, Valley View State Bank (which held the proceeds of the CD) sued Hall, James and Hart in a state court interpleader action. See id. On March 8, 1995, Judge Lawrence Sheppard of the District Court of Johnson County, Kansas, ruled in plaintiffs favor. James and Hart did not appeal. Id.

Based on the in terrorem clause and the fact that James and Hart had challenged plaintiffs ownership of the CD, plaintiff asked Judge Bruner to find that James and Hart take nothing under the will. See id. at 18-19. Lytle represented James and Hart in this proceeding. On February 11, 1997, Judge Bruner ruled in favor of James and Hart. See id. Judge Bruner asked Lytle to prepare the journal entry. Plaintiff appealed the decision and the Court of Appeals of Kansas affirmed. See In re Estate of Brod-beck, 975 P.2d 281 (Kan.Ct.App.1998). On March 16, 1999, the Kansas Supreme Court denied review. See id. Plaintiff alleges that Lytle conspired with Judge Bruner to deny plaintiffs rights by preparing the journal entry. Plaintiff also alleges that during the appeal, Lytle improperly referred to his own affidavit from the prior proceeding. See memorandum of law at 18-20, 22-23.

In her amended complaint, plaintiff asserts state law fraud and collusion claims against Lytle, Logan, James and Hart. In her memorandum of law, plaintiff also claims that said defendants acted unlawfully under 42 U.S.C. §§ 1983,1985(2) and 1985(3).

On August 20, 1999, this Court sustained Logan’s motion to dismiss plaintiffs state law claim for fraud and collusion for failure to comply with Rule 9(b), Fed.R.Civ.P. See Memorandum And Order And Order To Show Cause (Doc. # 61) filed August 20,1999 at 4.

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Bluebook (online)
191 F.R.D. 617, 2000 U.S. Dist. LEXIS 1939, 2000 WL 206573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-martin-ksd-2000.