GENERAL WASTE PRODUCTS, INC. v. CONTINENTAL CASUALTY COMPANY et al

Filing 44

ORDER - The court, by Docket No. 43 , previously granted 12 Motion to Intervene and 13 Motion to Enforce Payment of Real Estate Commission. Remaining are 17 Motion in Support of Termination of the Trust and Motion for Deposit of Trust Proce eds with the Venderburgh Clerk of Court and the Estate's 34 Supplemental Brief. For reasons explained in this Order, the Magistrate Judge declines to undertake the resolution of the remaining claims between the Estate participants and Mr. Mounts as to any remaining amounts in dispute between those parties and leaves those to resolution by agreement of the parties or decision by an appropriate Indiana state court. Signed by Magistrate Judge William G. Hussmann, Jr., on 2/4/2013. (NRN)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
GENERAL WASTE PRODUCTS, INC.,
Plaintiff,
v.
CONTINENTAL CASUALTY COMPANY,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

3:01-cv-96-WGH-RLY

ORDER RESOLVING PENDING MOTIONS AND
DISMISSING REMAINING CLAIMS
By separate order entered this date, this court has approved the Trustee’s
Final Report, granted the request to make final distributions, and ordered the
Trustee to terminate the Trust upon receipt of the federal fax refund and
disbursement of the remaining assets of the Trust. (Docket No. 43).
Remaining before the court are the Motion to Intervene (Docket No. 12) and
Motion to Enforce Payment of Real Estate Commission (Docket 13). Those motions
have been granted pursuant to a prior order of this court. (Docket No. 32).
Also remaining before the court are a Motion in Support of Termination of
the Trust and Motion for Deposit of Trust Proceeds with the Vanderburgh Clerk of
Court filed by the Estate of Allan I. Trockman (Docket No. 17) and the Estate’s
Supplemental Brief (Docket No. 34). The Magistrate Judge concludes that the
appropriate disposition of the remainder of the “Trockman Share” is a matter that

involves the appropriate application of Indiana real estate, contract, and probate
law. Those issues do not arise out of the common core of operative facts relevant
to this suit or the administration of the Trust. There has been no showing of an
appropriate jurisdictional basis for this court to act further, and there are no
pending claims or cross-claims between any party to this litigation. Therefore, the
Magistrate Judge declines to undertake the resolution of the remaining claims
between the Estate participants and Mr. Mounts as to any remaining amounts in
dispute between those parties and leaves those to resolution by agreement of the
parties or decision by an appropriate Indiana state court.
SO ORDERED the 4th day of February, 2013.

__________________________
William G. Hussmann, Jr.
United States Magistrate Judge
Southern District of Indiana

Electronic copies to:
Michael Orville Nelson
NELSON LAW GROUP LLC
[e-mail]
Gary Lee Miller
MILLER MEYER LLP
[e-mail]
Tammy Jo Meyer
MILLER MEYER LLP
[e-mail]

-2-

Donald R. Vowels
KEATING BUMB VOWELS & LAPLANTE
[e-mail]
E. Lee Veazey
MASSEY LAW OFFICES, LLC
[e-mail]
Stephen Salvatore Lavallo
MCCRAY LAVALLO FRANK & KLINGLER
[e-mail]
Gregory Alan Kahre
[e-mail]
Katharine Vanost Jones
[e-mail]
Edward W. Johnson
JOHNSON CARROLL NORTON KENT & STRAUS, P.C.
[e-mail]
Copies mailed to:
Annie Greenblum
3920 Pinetop Blvd.
Titusville, FL 32796
Kathleen Coyle
CNA - Environmental & Mass Tort Claims
P.O. Box 2002
1249 South River Road
Cranbury, NJ 08512
Kathleen G. Lucas
BOSE MCKINNEY & EVANS, LLP
111 Monument Circle
Suite 2700
Indianapolis, IN 46204

-3-

Lynn Senzell
P. O. Box 53
Evansville, IN 47701
Laurie Baiden Bumb
P O Box 3326
Evansville, IN 47732-3326
Philip C. Hunsucker
RESOLUTION LAW GROUP PC
3717 Mt Diablo Blvd
Suite 200
Lafayette, CA 94549
Rebecca L. Ross
ROSS DIXON & BELL LLP
70 West Madison Street Ste 525
Chicago, IL 60602
Susan Sussman
10215 47th Ave. North
Plymouth, MN 55442
Scott E. Turner
ELENIUS FROST & WALSH
333 South Wabash Avenue
25th Floor
Chicago, IL 60604
William Stacey White
Resolute Management, Inc.
79 West Monroe
7th Floor
Chicago, IL 60603
Courtesy copy to:
Marco DiLucio
ZIEMER, STAYMAN, WEITZEL & SHOULDERS, LLP
[e-mail]

-4-