Jordan et al v. Osmun

Filing 164

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 6/29/2017. (awac, )

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