John Hancock Insurance Company (U.S.A.) v. Goss et al

Filing 49

ORDER - The Trust is ordered to provide a brief of no more than five pages by August 27, 2015, addressing the new issues raised by Windsor in its 45 reply brief (including the status of the real party in interest for the Trust). Signed by Judge William H. Orrick on 0820/2015. (jmdS, COURT STAFF) (Filed on 8/20/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JOHN HANCOCK INSURANCE
COMPANY (U.S.A.),
Plaintiff,

8
9
10

United States District Court
Northern District of California

ORDER

v.
MINDY GOSS, et al.,
Defendants.

11
12

Case No. 14-cv-04651-WHO

Pending before me is cross-defendant Windsor Securities Inc.’s (“Windsor”) motion for

13

summary judgment against the Joe E. Acker Family Insurance Trust (the “Trust”). Windsor raised

14

for the first time an issue of standing in its reply brief. It asserts that although Mindy Goss

15

purported to act as Trustee for her husband through a power of attorney, she was never properly

16

appointed as Trustee under the provisions of the Trust and is not a proper party. Dkt. No. 45 at

17

10-13. During the hearing on the motion on August 12, 2015, counsel for the Trust indicated that

18

there was an explanation for differences in the Trustee and that any problem of standing could be

19

remedied.

20

The Trust is ordered to provide a brief of no more than 5 pages by August 27, 2015,

21

addressing the new issues raised by Windsor in its reply brief (including the status of the real

22

party in interest for the Trust).

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 20, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge