Jordan et al v. Osmun

Filing 56

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 12/8/2016. (sent via US mail to defendants)(awac)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Robert Jordan, et al..
Plaintiffs,
Civil Action No. 1:16-cv-501

V.

Susan A. Osmun, et al.,
Defendants.

Memorandum Opinion

This matter comes before the Court on Defendants Susan and Jordan Osmun's Motion to

Dismiss for Failure to State aClaim. Diet. No. 42. The dispute arises out ofalleged
misappropnation offunds by Susan Osmun while actmg as attorney in fact for her aunt, Lucille
Kelly. Plamtififs are Mrs. Kelly's current attorneys in fact. For the reasons discussed below, the
Court GRANTS IN PART and DENIES IN PART Defendants' motion to dismiss.
I. Bacl^round

Robert Jordan and Cheryl Anacker (hereafter "Plaintiffs"), pursuant to their Durable

Power ofAttorney for Lucille Kelly dated April 1,2016, filed acomplaint against Susan Osmun,
Ms. Kelly's former attorney in fact since September 2008, alleging breach offiduciary 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 attomeys-in-fact, each

mdependently empowered to act independently on Mrs. Kelly's behalf. Mr. Kelly passed away