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999 at 22-23. Make your practice more effective and efficient with Casetexts legal research suite. 28. Margaret Hunt Hill was born on October 19, 1915, in Lake Village, Arkansas. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. Kitty Hawk Aircargo, Inc. v. Chao, 418 F.3d 453, 460 (5th Cir. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. 1977); Doe v. Hillsboro Indep. On this record, the court agrees with Lyda Hill that the doctrine of judicial estoppel bars Hill III and Erin Hill from now taking the inconsistent position that Hill Jr. and Lyda Hill do not have a power of appointment, a sine qua non to Plaintiffs' claims challenging Lyda Hill's ability to dissolve her separate trusts, should she wish to do so. History 1800s. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. and Mot. For questions call 1-877-256-2472 or contact us at [emailprotected], By Thomas Ciarlone Jr. and Demetri Economou, By Grant Nakayama, Ilana Saltzbart, Amina S. Dammann, Arlene Hennessey, Ani M. Esenyan, Shearman and Hogan Lovells Call Off Merger Talks, Early Reports: 2023 Am Law 200 Financials, Beyond Excess Capacity, Pooled Services and Automation Expedite Staff Layoffs, Dozens of Law Firms Grew Their Equity Partner Tier, Even as Profits and Demand Plummeted. All Rights Reserved. 2014). The [f]actual allegations of [a complaint] must be enough to raise a right to relief above the speculative level . 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. III 3 (HHTE) (emphasis added). Life Ins. As the court has granted dismissal under Rule 12(b)(1), it need not consider the remaining arguments in support of the pending motions to dismiss. albert galatyn hill iii. ALBERT G. HILL, III, . All factual allegations of the complaint, however, must be accepted as true. Enjoy unlimited access to all of our incredible journalism, in print and digital. Finally, one place to get all the court documents we need. After more than three decades in Chase Tower, the Dallas Petroleum Club has inked a 15-year lease to move into Hunt's HQ, across from Klyde Warren Park. Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge. 945 at 6-7. Defs.' Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2; and (3) appealing the October 11, 2018 Order Admitting Will to Probate and Authorizing Letters Testamentary issued by Judge Ingrid M. Warren in Probate Court No. Law Offices of Gary Martin Hays & Associates The primary beneficiary of the MHTE was Margaret Hunt Hill and the primary beneficiary of the HHTE was Haroldson L. Hunt, Jr. (Hassie). 28 U.S.C. Article III, Section 3 of the 1935 Trust Instruments, however, provides a current MHTE and HHTE beneficiary with powers of appointment, as follows: Exhibit B to Pls.' Dallas Petroleum Club Will Move to Hunt Building in January 2023. See 2020 Action, Doc. Site Map, Advertise| The Hill Jr. Plain English. Moreover, to dismiss Plaintiffs' claims without prejudice would create the impression that they could file these claims in an appropriate forum when there is no other appropriate forum. 31; Lyda Hill's Reply 2-3, Doc. Here, even were Plaintiffs to seek leave to amend, the above-listed factors would cause the court to deny the request. Reply 7, Doc. Orig Proc: No . Thus, the court denies Plaintiffs' request to convert the pending Rule 12(b)(1) motions into summary judgment motions. After the Probate Court had conducted hearings on those motions, Hill III nonsuited his claims without prejudice. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. In the Estate of Richard White Burk, Deceased. If you continue to use this site we will assume that you are happy with it. No spam, ever. hidden hills gated community homes for sale Location ron cheats on hermione with lavender fanfiction dramione completed Kolkata (City Center 1) anne arundel county inspections and permits Saltlake Sector 5 (Megatherm/Pantaloon Building) no operations defined in spec swagger net core Saltlake Sector 5 (Webel More) Defs.' 1978). Constitutional standing is assessed at the time a plaintiff commences an action. She Was Murdered On Her Way To College Fifty Eight Years In The Past Cops Lastly Know Her Killer He accuses them of placing Boo's life history on show for the edification of the neighborhood. Albert Galatyn Hill, Sr. Children: 3, including Lyda Hill: Parent(s) H. L. Hunt and Lyda Bunker: Margaret Hunt Hill (1915-2007) was an American heiress and philanthropist. Katherine Jane Preisinger. Hill was the oldest grandson of legendary Texas oilman H.L. Along the water edges, the riparian area in the Preserve is a vegetation zone that is an important transition between the local upland and aquatic ecosystems. Plaintiffs contend that because Defendants' respective motions improperly make factual assertions that exist outside the pleadings and rely on matters outside the pleadings, the court must convert their motions to dismiss into motions for summary judgment. Among other things, Hill III alleged wrongdoing in the management and administration of the MHTE and HHTE by their respective trustees and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C 1961, et seq. The GSA and the Final Judgment also did not grant Hill III or his children any termination interest in Lyda's separate MHTE and HHTE trusts. "Together?we the people?achive more than any single person could ever do alone. Rule 12(b)(6) of the Federal Rules of Civil Procedure, Rule 15(a)(2) of the Federal Rules of Civil Procedure. Plaintiffs' Complaint and this action are hereby dismissed with prejudice. Estoppel by contract precludes a party to a valid instrument from denying the truth of the recitals in the instrument. (quoting Venture Assocs. Suite 2100 It is clear that Plaintiffs seek to benefit from Hassie having exercised the same power of appointment they now argue that Hill Jr. did not possess when he exercised his power of appointment in his 2014 Will. See generally Pls.' 2, Dallas County, Texas (the Estate Action), seeking to admit the Will to probate, and to appoint an independent executor. As this order is referenced in the Complaint and attached to Lyda Hill's motion to dismiss and central to Plaintiffs' claims against her, the court has considered it and agrees that Plaintiffs have mischaracterized the order as terminating the Lyda Hill Trusts. Reply 10, Doc. The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. Things got ugly and complicated as family conflicts are wont to do. Galatyn (, Garatn? Id. 2004). To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical. Lujan, 504 U.S. at 560. The decision to allow amendment of a party's pleadings is within the sound discretion of the district court. For the reasons that follow, the court denies both Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. Id. Updated: June 20, 2015 Albert Galatyn Hill JrAlbert Hill(born 1945) Jump to: BiographyFamily Photos Trusts due to the Waiver of Standing Clause: In November 2018, the parties filed competing summary judgment motions in Probate Court No. Trusts, and the Waiver of Standing provision in the GSA and Final Judgment, therefore, bars him from seeking relief in this court with respect to the trusts at issue. A federal court must presume that an action lies outside its limited jurisdiction, and the burden of establishing that the court has subject matter jurisdiction to entertain an action rests with the party asserting jurisdiction. Plaintiffs take issue with Defendants' labelling Hill III as a vexatious litigant and accuse Defendants of seeking to avoid the Court's consideration of the specific claims in the Complaint. Id. Plaintiffs cannot amend to overcome this obstacle. Moreover, the court is seriously considering whether to impose substantial monetary sanctions against Hill III for being a vexatious litigator and abusing the judicial process. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 2012) (consolidated appeal). The court agrees. See Burke v. Barnes, 479 U.S. 361, 363 (1987). On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade. Hill III dropped his challenge to the powers of appointment in Probate Court, and he alleges no such challenges in the Complaint. License our industry-leading legal content to extend your thought leadership and build your brand. Defendants oppose these requests in their respective reply briefs. 1-2 at 10 Art. Dismiss 15, Doc. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Grp. 1883 at 2 (July 3, 2018 Memorandum Opinion and Order). 2020 Action, Doc. The firm is active in Real Estate and Private Equity (through Galatyn Private Equity--see profile). 1997) (en banc). Trusts would be exercised to exclude Hill III, irrespective of whether the Hill Jr. Albert Galatyn Hill Jr. 1945 - 2017 BORN 1945 DIED 2017 ABOUT St. Mark's School of Texas Trinity University FUNERAL HOME Sparkman/Hillcrest Funeral Home & Memorial Park 7405 West Northwest. Galatyn is a mid-ranked weapon for . The court stated in a memorandum opinion and order issued on December 10, 2018: 2. Based on the foregoing, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. Freundschaft aufhoren: zu welchem Zeitpunkt sera Semantik Starke & genau so wie parece fair ist und bleibt 7 czerwca 2022 Date Event Type Description Document; 03/21/2017: Reply brief filed: State [ PDF/68 KB ] State Reply Brief [ PDF/85 KB ] Notice: 02/15/2017: Not one time has the Fifth Circuit ruled in favor of Hill III on any of his five appeals. Pursuant to Federal Rule of Civil Procedure 12(f), Plaintiffs move to strike the pending motions to dismiss. D. Hill Jr.'s Will and the Dissolution of the Hill Jr. 2015) (citation omitted). 26). Adams, 556 F.2d at 293. Consistent with the GSA, the Final Judgment declared Hill Jr.'s 2005 Disclaimer valid and partitioned portions of the MHTE and the HHTE, as to which Hill Jr. did not disclaim any of his equitable interests, into the Hill Jr. Yet, over the next four years, our court weighed in on the settlement' four times. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. See Lyda Hill's Unsealed Appendix, Doc. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. Nance Haroldson Hill. 999 at 7-9, 8.a, 9.a. As Erin Hill does not contest that she lacks standing, the court grants the Rule 12(b)(1) motion to dismiss as to Erin Hill's claims. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Trusts because he was not a current beneficiary. The Final Judgment also partitioned portions of the MHTE and HHTE into separate trusts for Lyda Hill, who became the sole current beneficiary of separate one-third shares of each of the MHTE and HHTE trusts. Home; About Us; Services; Projects. LDC v. Phillips, 401 F.3d 638, 642 (5th Cir. 2020-01-27, Dallas County District Courts | Other | The Margaret Hunt Hill Bridge in Dallas, designed by Santiago Calatrava, is named in her honor. Texas, see Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2 (the "Probate Proceeding"), record, and applicable law, the court grants Washburne and Summers' Motion, as joined by Keliher. 2005). 2. Reply 10-11, Doc. As Plaintiffs use the full names of their three children, the court will do the same. In 2007, Hill Jr. sought to rescind his 2005 disclaimer, along with another partial disclaimer he had executed in 2007. 2020 Action, Doc. Clark v. Tarrant Cnty., 798 F.2d 736, 741 (5th Cir. On March 22, 2005, Hill Jr. executed a disclaimer as to certain portions of the equitable interests he was to receive under the MHTE (the 2005 Disclaimer) in favor of his three children: Hill III, Washburne, and Summers. 26 (original emphasis). Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 2010) (citation omitted); see also Ulico Cas. The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. Growing Mineola firm with national practice seeks associate (with 3-6 years experience) to handle complex general liability matters.Competit CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! Although Rule 12(f) authorizes the court to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter, Rule 7(a) identifies the pleadings subject to being stricken under Rule 12(f): (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Id. 999 at 20, 8.i; Doc. 2022-12-28, Tarrant County Courts | Probate | Accueil; Services; Ralisations; Annie Moussin; Mdias; 514-569-8476 The party invoking federal jurisdiction bears the burden of establishing that he, she, or it has standing. Annie Moussin designer intrieur. Categories . Resp. This appeal makes it five. Hill v. Washburne, 953 F.3d 296, 301 (5th Cir. The court will also take judicial notice of matters of public record. Al III, who talks openly about his faith and describes himself as a community advocate, says he sued Tom, his father and other relatives as a matter of principle. When the allegations of the pleading do not allow the court to infer more than the mere possibility of wrongdoing, they fall short of showing that the pleader is entitled to relief. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2. The documents outline the wills he will execute, and which of the dozens of interrelated famil. For the reasons that follow, the court will deny Plaintiffs' request. Dismissal Based on Quasi-Estoppel (or Estoppel by Contract). Trusts and the Lyda Hill Trusts, and to prevent dissipation, concealment, and further transfer of such assets, and preservation of all records relating to such trusts and actions affecting them. Collins, 224 F.3d at 498-99. Dallas oil heir Albert G. Hill III is now resisting the entry of that judgment in a trial court by claiming that the appellate justices got it wrong. Freeze-Related Lease Litigation: The Growing Storm in the Oil Patch, Consequential and Direct Damages in Spotlight Amid Energy Firms' Insurance Spat, 'Choppiness' in Demand Led to 2% Drop in Revenue at Locke Lord in 2022, New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. 999 at 8-9, 8.a and at 20-22, 9.a. 999. To satisfy the irreducible constitutional minimum of standing under Article III, a plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision. Spokeo, 578 U.S. at 338 (quoting Lujan, 504 U.S. at 560). One form of quasi-estoppel, estoppel by contract, is based on the idea that a party to a contract cannot, to the prejudice of another, take a position inconsistent with the contract's provisions. On December 20, 2014, Hill Jr. executed his Will, which included the following provisions in which he exercised his powers of appointment as a current beneficiary of the Hill Jr. She was 91. In 1892, in the midst of a deep and treacherous fog, the Albert Gallatin, "considered one of the U.S. Revenue Cutter Service's most able seagoing vessels," wrecked at Boo Hoo Ledge in Manchester-by-the-Sea, Massachusetts.On January 6 th, 1892, Captain Gabrielson piloted the Albert Gallatin on a routine voyage between Kittery, Maine and Provincetown, Massachusetts. I. On April 20, 2005, Hassie died. . Plaintiffs' Request to Convert Pending Motions to Dismiss into Motions for Summary Judgment. In reviewing a Rule 12(b)(6) motion, the court must accept all well-pleaded facts in the complaint as true and view them in the light most favorable to the plaintiff. The children of Arteriors founder Mark Moussa have a new concept of their own. Corp., 987 F.2d at 431). [S]ubject-matter jurisdiction cannot be created by waiver or consent. Howery v. Allstate Ins. turkey stuffed with rice and meat; boil water advisory near me 2021 Because the Hill Jr. 15(a)(2), but they have discretion to grant or deny that leave and may consider a variety of factors including undue delay, bad faith or dilatory motive on the part of the movant, repeated failures to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party , and futility of the amendment. Marucci Sports, L.L.C. Public Records Policy. 31. Edited by WileECoyote about 2 years ago History. 26. III 3 (MHTE); Exhibit C to Pls.' Ins. If she desires to seek sanctions or attorney's fees, she should file a formal motion and brief in accordance with Federal Rule of Civil Procedure 54(d)(2). IV 3 (MHTE); Exhibit C to Pls.' 26. 999 at 12-13, 8.f.i and 8.f.ii; Doc. P. 12(f). Plaintiffs contend that they and their three children (Albert Galatyn Hill IV, Nance Haroldson Hill, and Caroline Margaret Hill) are contingent or remainder beneficiaries of various trusts created as a result of the GSA and the Final Judgment. Search all of 29Fifty Apartments's current and previously listed jobs and positions. 2005). Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. Sonnier v. State Farm Mutual Auto. Riley v. St. Luke's Episcopal Hosp., 355 F.3d 370, 376 (5th Cir. Hunt. DocketNOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. Trusts will not inure to Plaintiffs' benefit. 3:07-cv-2020-L (the 2020 Action). A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendants at whom he lobbed. denied). She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. 2015, no pet.) 21), and denies Plaintiffs' Motion to Strike (Doc. Defendants contend that, insofar as they are moving to dismiss under Rule 12(b)(1) for lack of standing, Rule 12(d) does not authorize the court to convert their motion to a motion for summary judgment. Long v. GSD&M Idea City, LLC, 798 F.3d 265, 274 (5th Cir. Two of those trusts are at issue here, namely: (1) the Margaret Hunt Trust Estate (MHTE); and (2) the Haroldson L. Hunt, Jr. Trust Estate (HHTE). personal injury; Boolean (richard or dick) and cheney . when a narcissist wants you back albert galatyn hill iii. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). 9.c. Id. Things got ugly and. Strike 1, Doc. Mar. The 2005 Disclaimer expressly recognized Hill Jr.'s power of appointment in the MHTE over both his income trust and his termination trust, as follows: Hill III previously argued to Dallas County Probate Court No. 26), filed April 12, 2021. R2 Invs. He says he simply wants to know. For these reasons, in the alternative to dismissing Plaintiffs' claims against Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are judicially estopped from asserting their claims herein against Lyda Hill. The Hill Jr. On December 7, 2017, an Application for Probate of Will and Issuance of Letters Testamentary was filed in the Estate of Albert Galatyn Hill, Jr., Deceased, in Cause No. Trusts and, for Hill III's benefit, his one-third interest in the Disclaimed Beneficial Interests, because of the 2005 Disclaimer, were partitioned into the Hill III Trusts. On July 3, 2018, the court denied the requests for injunctive relief of both parties without prejudice, holding any relief would be premature because of the pending probate proceedings. By Posted does sonny's bbq serve alcohol In rule breaker snacks net worth 26). In her motion to dismiss, Lyda Hill notes that Plaintiffs' Complaint is replete with references to the underlying settled federal and state court litigation . The Hill Jr. It can be equipped by level 75 Warrior, Paladin, Dark Knight, and Rune Fencer. illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. Alinda Wikert; Albert Galatyn Hill Jr. Hill died on June 14, 2007, in Dallas, Texas. Likewise, Erin Hill favored the asset protection trust alternative alone rather than coupling that approach with the purchase of a life insurance policy with their children as beneficiaries, objecting that Hill III essentially would lose his independent appointment power and he would have to pay to assure that loss, making him the only trust beneficiary paying for the right to forgo a power. First, Rule 12(d) authorizes conversion of a Rule 12(b)(6) motion to dismiss for failure to state a claim, or a Rule 12(c) motion for judgment on the pleadings, into a motion for summary judgment. Hill Jr. 21); and denies Plaintiffs' Motion to Strike (Doc. IV 3 (HHTE). 1. 31. Don Donnally, Jr. (Donnally), individually and in his capacity as the court appointed trustee for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Carol E. Irwin (Irwin), in her capacity as Personal Representative and Independent Executor of the Estate of Ivan Irwin, Jr., Deceased; Thomas P. Tatham (Tatham), individually and in his capacity as an advisory board member for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Heather Hill Washburne (Washburne), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Heather Termination Beneficiary Trust; Elisa Hill Summers (Summers), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Elisa Termination Beneficiary Trust; and Lyda Hill. The CEO of Hunt Investment Holdings on his under-the-radar favorite restaurant and why he is learning Turkish. On May 13, 2010, the parties entered into the GSA (Doc. In the event, however, that the appellate court holds that Plaintiffs have standing, the court addresses certain aspects of the pending motions to dismiss based on Rule 12(b)(6), specifically Defendants' respective arguments that Plaintiffs are estopped from asserting their claims. During the May 5, 2010 hearing before Magistrate Judge Paul D. Stickney in which the parties' settlement was announced, Lyda Hill's counsel anticipated the claims Plaintiffs are attempting to relitigate in this action. In his Will, Hill Jr. exercised his Powers of Appointment over his equitable interests in the Hill Jr. 2008) (Estoppel . See 2020 Action, Doc. To defeat a motion to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a plaintiff must plead enough facts to state a claim to relief that is plausible on its face. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007); Reliable Consultants, Inc. v. Earle, 517 F.3d 738, 742 (5th Cir. 1990, no writ)). Defendants and Lyda Hill for lack of subject matter jurisdiction, the court will dismiss their claims pursuant to Federal Rule of Civil Procedure 12(b)(6), as Plaintiffs are estopped under the doctrine of quasi-estoppel (or estoppel by contract) from asserting their claims as set forth in the Complaint. Great Plains Trust Co. v. Morgan Stanley Dean Witter, 313 F.3d 305, 312 (5th Cir. Both options are priced the same. Co., 243 F.3d 912, 919 (5th Cir. In contrast to the recognition of Hill Jr.'s 2005 Disclaimer, Plaintiffs agreed on behalf of themselves and their children, in the GSA and as confirmed in the Final Judgment that there is no disclaimer by Lyda to the MHTE or HHTE, and agree[d] that they shall not, and they are hereby ORDERED not to, assert any claims, cause of action, count, or counter-claim to the contrary. 2020 Action, Doc. Moreover, no reasonable person would have contemplated that Hill III related litigation that was settled by the GSA and Final Judgment in 2010 would be occurring almost 12 years later.