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
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