4841-1639-6060, v. 1
attacked Judge Lindberg’s oversight of the Trust,
asking this Court to grant relief that Judge Lindberg has already denied.
In doing so, Plaintiff has revealed the hypocrisy of her complaints that the Trust was attempting to bias the jury pool,
contravened this Court’s December 3, 2013 Stipulated Protective Order,
filled the record with material that would never be admissible at trial, accused the Trust’s counsel of dishonesty,
put words in the Fiduciary’s mouth he has never
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.
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.
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?
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.
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.
, Memorandum at 5-6;
, 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