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UEP Trust petition for bond

UEP Trust petition for bond

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Published by Ben Winslow
A petition from the United Effort Plan Trust on a security bond in Elissa Wall's multi-million dollar lawsuit against Warren Jeffs.
A petition from the United Effort Plan Trust on a security bond in Elissa Wall's multi-million dollar lawsuit against Warren Jeffs.

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Published by: Ben Winslow on Aug 19, 2014
Copyright:Traditional Copyright: All rights reserved

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12/02/2014

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4841-1639-6060, v. 1
CALLISTER NEBEKER & McCULLOUGH JEFFREY L. SHIELDS (2947)
 jlshields@cnmlaw.com
 MARK L. CALLISTER (6709)
mcallister@cnmlaw.com
 ZACHARY T. SHIELDS (6031)
 zachshields@cnmlaw.com
 MICHAEL D. STANGER (10406)
mdstanger@cnmlaw.com
 Zions Bank Building 10 East South Temple, Suite 900 Salt Lake City, UT 84133 Telephone: (801) 530-7300; Facsimile: (801) 364-9127 SCALLEY READING BATES HANSEN & RASMUSSEN, P.C. John Edward Hansen (4590) hansen@scalleyreading.net David S. Bridge (9077) dbridge@scalleyreading.net Dustin D. Gibb (13220) dgibb@scalleyreading.net 15 West South Temple, Suite 600 Salt Lake City, UT 84147-0429 Telephone: (801) 531-7870; Facsimile: (801) 531-7968 WILLIAM G. WALKER, P.C. William G. Walker (pro hac vice) wgwpc@aol.com 177 North Church Avenue, Suite 700 Tucson, AZ 85701 Telephone: (520) 622-3300
 Attorneys for Defendant United Effort Plan Trust, by and through Bruce R. Wisan, Court-Appointed Special Fiduciary
IN THE THIRD DISTRICT COURT OF SALT LAKE COUNTY STATE OF UTAH M. J. aka ELISSA WALL, Plaintiff, v. WARREN JEFFS, THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, formerly known in part as The Work or The Priesthood Work and also known as the CORPORATION OF THE PRESIDENT OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS,
UNITED EFFORT PLAN TRUST’S MEMORANDUM IN RESPONSE TO PLAINTIFF’S MOTION TO REQUIRE $15,000,000 BOND
Civil No. 070916524 Judge Keith A. Kelly
 
 
4841-1639-6060, v. 1
THE CORPORATION OF THE PRESIDING BISHOP OF THE FUNDAMENTALIST CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, THE UNITED EFFORT PLAN TRUST, and DOES 1 THROUGH 20, Defendants. and ALLEN STEED, Third Party Defendant. The United Effort Plan Trust (“the Trust”) through Bruce R. Wisan, as Court-Appointed Special Fiduciary, submits the following Memorandum in response to Plaintiff’s
Petition for Court to Issue a $15,000,000 Property Bond on UEP Non-Residential, Non-Water Rights, Property Pending Interlocutory Appeal
(“the Petition”) and the Memorandum filed in support of the Petition (“the Memorandum”). The Trust respectfully submits that this Court is without authority to order the bond requested by Plaintiff.
INTRODUCTION
As was persuasively demonstrated by the discovery responses the Trust provided to Plaintiff, the Trust’s net assets are more than adequate to preserve Plaintiff’s ability to recover in the event she prevails at trial, especially when taking into account the contractual cap she has  placed on her recovery in this case. Rather than focus her Petition on the relevant question of this Court’s authority to order a bond against Trust’s assets, Plaintiff has instead collaterally
 
 
4841-1639-6060, v. 1
attacked Judge Lindberg’s oversight of the Trust,
1
 asking this Court to grant relief that Judge Lindberg has already denied.
2
 In doing so, Plaintiff has revealed the hypocrisy of her complaints that the Trust was attempting to bias the jury pool,
3
 contravened this Court’s December 3, 2013 Stipulated Protective Order,
4
 filled the record with material that would never be admissible at trial, accused the Trust’s counsel of dishonesty,
5
 put words in the Fiduciary’s mouth he has never
1
 It is not this Court’s decision whether the Trust’s settlement with Willie Jessop should  be approved. It is not this Court’s place to second guess whether the attorneys’ fees incurred by the Trust and approved by Judge Lindberg are appropriate. It is not this Court’s place to review the Fiduciary’s decisions to sell or not sell certain Trust properties. It is not this Court’s decision whether or for how long the Fiduciary continues to serve. Despite the clear desire of Plaintiff that this Court make these decisions, they belong to Judge Lindberg.
2
Despite the fact that Plaintiff has twice asked her to reconsider that decision, Judge Lindberg has twice approved the Trust’s settlement with Willie Jessop, including once in a hearing where counsel for Plaintiff were present. It is unclear why Plaintiff believes this Court has jurisdiction to second guess that decision or is in a better position than Judge Lindberg with respect to the merits of that decision.
3
 Plaintiff’s most recent unauthorized second reply memorandum requesting that Judge Lindberg not approve the Trust’s settlement with Willie Jessop attached the entire transcript of the Fiduciary’s July 30, 2014 deposition taken by Plaintiff’s counsel. Less than two hours after that pleading was filed with Judge Lindberg, the entire deposition transcript was posted to the Salt Lake Tribune’s website. Are the Tribune’s reporters monitoring Trust litigation that closely, or did Plaintiff leak the deposition to the press?
4
 Per Paragraph 1, that Stipulated Protective Order applies to all deposition testimony taken in this case after November 26, 2013. Paragraph 3 of the Stipulated Protective Order makes clear that any information provided by the Trust in this case is Confidential. Yet, Plaintiff attached a copy of the Fiduciary’s July 30, 2014 deposition transcript to a public pleading filed with Judge Lindberg and appears to have provided a copy of the same to the Salt Lake Tribune.
5
 For example, Plaintiff suggests that Mr. Shields has misled the court by stating that the Trust would have $10 million of non-residential property at the end of August 2014.
See
, Memorandum at 5-6;
see also
, Memorandum at 14 (discussing the “misrepresentations about the true value of the UEP Trust by Mr. Wisan and his attorneys”). The Trust does have $10 million of non-residential property (particular when taking in to account all real estate in Utah and

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