999 at 12-13, 8.f.i and 8.f.ii; Doc. Albert Galatyn Hill Jr was born c. 1945. 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. Appellate Briefs . 2008); Guidry v. American Pub. See Burke v. Barnes, 479 U.S. 361, 363 (1987). They further argue that the issue of whether the dissolution of Hill Jr.'s Trusts was improper is moot. Edited by WileECoyote about 2 years ago History. Masgas v. Anderson, 310 S.W.3d 567, 571 (Tex. Hill III's incessant litigation and filings in this court following the entry of the Final Judgment by Judge O'Connor on December 8, 2010, and on appeal before the Fifth Circuit, which has weighed in on the settlement five different times, Hill, 953 F.3d at 302, evoke what can only be described as dj vu. 330, 331 (5th Cir. 1994) (citation omitted). Trusts were dissolved in 2016, Hill III would never become a current beneficiary and any relief granted that results in money being returned to the Hill Jr. 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. and Mot. United States District Court, Northern District of Texas. Steubner Realty 19, Ltd. v. Cravens Rd. 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. Defendants contend that Hill III is estopped from contending Hill Jr. does not have powers of appointment in the Hill Jr. As recently summarized by the Fifth Circuit: The Fifth Circuit also recognized in Hill v. Washburne, After protracted [and] complicated' litigation, Hill v. Schilling, 593 Fed.Appx. 2020) (citations omitted). Judicial estoppel has three elements: (1) The party against whom it is sought has asserted a legal position that is plainly inconsistent with a prior position; (2) a court accepted the prior position; and (3) the party did not act inadvertently. Allen v. C & H Distributors, L.L.C., 813 F.3d 566, 572 (5th Cir. Brandon Luke Beck. Mann v. Adams Realty Co., 556 F.2d 288, 293 (5th Cir. The doctrine applies when it would be unconscionable to allow a person to maintain a position inconsistent with one to which he acquiesced, or from which he accepted a benefit. Hartford Fire Ins. Hill's funeral service was held at the Highland Park Presbyterian Church in Dallas, Texas. The court is also seriously considering imposing sanctions on Hill III's attorneys pursuant to 28 U.S.C. III 3 (HHTE) (emphasis added). The decision is available here. The only remaining question is how much he may owe his sisters in additional costs and fees. Iqbal, 556 U.S. at 679. Hunt family, estimated to be worth in excess of $1 billion. 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. But when Daddy died, Hill III immediately challenged the will in probate court, ultimately forcing the Fifth Circuit to weigh in on the settlement five different times. 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 defendantsat whom he lobbed lawsuits. Cancellation and Refund Policy, Privacy Policy, and Legacy. Before turning to the pending motions to dismiss, the court must address Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. It deals 10.32 damage per second and accumulates 134 TP per hit. If you do not agree with these terms, then do not use our website and/or services. Trusts under the Waiver of Standing clause. YouTube Encyclopedic. See generally Hill v. Schilling, 495 Fed.Appx. Constitutional standing is assessed at the time a plaintiff commences an action. Here, the court intends to follow its legal standard and consider the Complaint, documents Plaintiffs attach to their Complaint, and documents that Defendants attach to their respective motions to dismiss if they are referred to in Plaintiffs' Complaint and are central to their claims. Galatyn is a mid-ranked weapon for . Specifically, Hill Jr. disclaimed 75% of his one-third income interest in the MHTE, and 90% of his one-third termination interest in the MHTE (the Disclaimed Beneficial Interests). A. 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. add relationship edit flag. The terms of the Trust Instrument for the MHTE are the same as those of the HHTE except for the designation of, and reference to, the primary beneficiary of each trust. 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. Often described as "America's Swiss Founding Father ", [3] [4] he was a leading figure in the early years of the United States, helping shape the new republic's financial system and foreign policy. albert galatyn hill iii. The 1935 Trust Instruments provide that it is the desire and purpose of said H. L. Hunt and Lyda Hunt to create an irrevocable trust, and both provide, among other things, that during the lifetime of the beneficiary, only the annual income could be distributed to the beneficiary requiring that the corpus remain intact and undisturbed until twenty-one years after the death of the named beneficiary, at which time the trust would terminate and the corpus of the trust would be distributed to the beneficiary's descendants per stirpes. Compl., Doc. Galatyn is a great sword that provides 85 damage and 494 delay. There are instances, however, when a dismissal for lack of standing may be with prejudice. 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. Freezia v. IS Storage Venture, LLC, 474 S.W.3d 379, 387-88 (Tex. Defendants and Lyda Hill each incorporated the other's briefing by reference, the court will consider the motions in tandem. After Hassie's death, therefore, his equitable interests in the HHTE passed in equal shares to Margaret Hunt Hill's three children (Hill Jr., Lyda Hill, and Alinda Hill Wikert), as they were Margaret Hunt Hill's lineal descendants on the date of Hassie's death. $266.00, Financial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, Financial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, APPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY. Squabbling over the trust was supposed to be put to rest with a settlement agreement in 2010. 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. 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. P.C. 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). Further, as Lyda Hill points out, the vexatious label was a term first used by the court, and, in any event, does not provide a basis for striking her motion. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Dallas Petroleum Club Will Move to Hunt Building in January 2023. "Together?we the people?achive more than any single person could ever do alone. Federal courts are courts of limited jurisdiction and must have statutory or constitutional power to adjudicate a claim. Mar. EVENT; Comment: REQUEST FOR LETTERS, DocketINVENTORY AND APPRAISEMENT REMINDER, DocketNOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, DocketMOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL, DocketPOSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, DocketWILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, DocketISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, FinancialFinancial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. 1883 at 6 (July 3, 2018 Memorandum Opinion and Order). This he does not do. Trusts would be exercised to exclude Hill III, irrespective of whether the Hill Jr. Hill Jr. Co., 243 F.3d 912, 919 (5th Cir. Co., 512 F.3d 177, 180 (5th Cir. 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. Hill Jr.'s attempt to rescind his disclaimers was ultimately unsuccessful. 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 2007, Hill Jr. sought to rescind his 2005 disclaimer, along with another partial disclaimer he had executed in 2007. 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. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. 1977); Doe v. Hillsboro Indep. In ruling on such a motion, the court cannot look beyond the pleadings. Albert Galatyn Hill found inU.S., Social Security Applications and Claims Index, 1936-2007 Albert Galatyn Hill found inU.S., Find A Grave Index, 1600s-Current Albert Galatyn Hill found in1940 United States Federal Census Albert Galatyn Hill found in1920 United States Federal Census View more historical records forAlbert Galatyn Hill Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. 28 U.S.C. 750 North St.Paul St. Site Map, Advertise| The [f]actual allegations of [a complaint] must be enough to raise a right to relief above the speculative level . Further, a court is not to strain to find inferences favorable to the plaintiff and is not to accept conclusory allegations, unwarranted deductions, or legal conclusions. The Fifth Circuit affirmed the Final Judgment. The Margaret Hunt Hill Bridge in Dallas, designed by Santiago Calatrava, is named in her honor. The case status is Pending - Other Pending. Exhibit B to Pls.' We will review the memorials and decide if they should be merged. 203 at 4-5, 2; Doc. 2020 Action, Doc. Inc., 342 F.3d 563, 566 (5th Cir. 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. Stated another way, when a court deals with a Rule 12(b)(6) motion, its task is to test the sufficiency of the allegations contained in the pleadings to determine whether they are adequate enough to state a claim upon which relief can be granted. Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. While well-pleaded facts of a complaint are to be accepted as true, legal conclusions are not entitled to the assumption of truth. Iqbal, 556 U.S. at 679 (citation omitted). Trusts. 2001) (citation omitted). 7. The court also rejects Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. Thus, unlike a Rule 12(b)(6) motion to dismiss for failure to state a claim, the district court is entitled to consider disputed facts as well as undisputed facts in the record and make findings of fact related to the jurisdictional issue. 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) https://www.law.com/texaslawyer/2020/02/05/left-nothing-by-tycoon-father-albert-hill-is-now-on-the-hook-for-hefty-attorney-fees/. . 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. Sepulvado v. Louisiana Bd. In support, they contend that in their motions, Defendants allude to an array of documents irrelevant to the allegations in Plaintiffs' Complaint. Pls.' 2002). 1927. and the court's rulings. 2 in In re Estate of Haroldson L. Hunt, Jr., Deceased, Cause No. 999 at 6, 5; Doc. 1999). In accordance with the GSA, the Final Judgment dismissed the released claims with prejudice. Gines v. D.R. Suite 2100 See, e.g., Baton Rouge Building & Constr. 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 court views Plaintiffs' Complaint in this action as a not-so-thinly-veiled attempt to circumvent the GSA, the Final Judgment. 2020 Action, Doc. Family. The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. On 12/07/2017 ESTATE OF ALBERT GALATYN HILL, Jr was filed as a Probate - Other Probate lawsuit. MISC. Al Jr. was the son of. A claim meets the plausibility test when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. On May 29, 2018, Washburne and Summers filed a motion in the 2020 Action seeking to enjoin Hill III from (1) contesting the Will, (2) challenging the disposition of Hill Jr.'s property in violation of the No. 3:07-cv-2020-L (the 2020 Action) are referenced herein as 2020 Action, Doc. 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). The following year, Hill and his family purchased Highland . Case Details Parties Documents Dockets. Reply 10, Doc. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! See Fed. On December 28, 1935, H.L. PR-08-830-2 (the HHTE Probate Suit), that in his Will, Hassie Hunt exercised his general power of appointment under the HHTE to an on behalf of the lineal descendants of [his] sister, Margaret Hunt Hill, per stirpes. Lyda Hill's App., Doc. Hill III brought a lawsuit in Texas state court in his individual capacity The court agrees. Transfer From: Transfer In: Transfer Case: Transfer To: Transfer Out: Pub Service: West Publishing . 1-2 at 10 Art. 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. 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. App.-Houston [14th Dist.] In United States ex rel. 6. As far as the undersigned is concerned, Hill III and his covey of attorneys are making a mockery of and abusing the judicial process; and it is high time for the court to address this repeated conduct. 1978). ' Funk, 631 F.3d at 783 (quoting Norris, 500 F.3d at 461 n.9) (citation omitted); see also Cinel, 15 F.3d at 1341, 1343 n.6 (court may consider matters of public record, including a consent judgment, in deciding a Rule 12(b)(6) motion). 2012) (citation omitted). App.-Houston [14th Dist.] ' Id. 1998) (citing Veldhoen v. United States Coast Guard, 35 F.3d 222, 225 (5th Cir. See 2020 Action, Doc. 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: Defendants and Lyda Hill oppose Plaintiffs' request. Riley v. St. Luke's Episcopal Hosp., 355 F.3d 370, 376 (5th Cir. She had six siblings Caroline Rose Hunt (born 1923), H. L. Hunt III ( Factual Background and Procedural History. 31. Likewise, [d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to [the plaintiff's] claims. Defs.' 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. 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. As part of the Final Judgment, the court, incorporating the No. Both options are priced the same. App.-Fort Worth 2012, no pet.). But for Hassie's powers of appointment, Hassie's interest in the HHTE would have passed to Hassie's then living siblings and/or the descendants of his pre-deceased siblings, rather than to only Margaret Hunt Hill's lineal descendants upon Hassie's death. Albert Gallatin Hill from tree Polasek Kennedy Wakefield Crawford Family Tree 2969 People 11 Records 14 Sources Albert Gallatin Hill found in Albert Gallatin Hill from tree Parrish Family Tree (Private) Birth xx xxx 1832 McNairy, Tennessee, USA No publicly available family members 738 People 6 Records 14 Sources Contact Tree Owner The estate of albert galatyn hill, jr., through its independent executor margaret keliher, the estate of albert galatyn hill, jr., through its independent . He was 72. Resp. 1 / 1. 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. 2022-12-28, Tarrant County Courts | Probate | 2020-01-27, Dallas County District Courts | Other | Albert Gallatin (29 January 1761 - 12 August 1849) was the United States Secretary of the Treasury from 14 May 1801 to 8 February 1814, succeeding Samuel Dexter and preceding George W. Campbell. 945 at 6-7. 2005). 18); grants Motion to Dismiss of Defendant Lyda Hill (Doc. 879) that settled this action and related state court actions. Lyda Hill makes similar arguments pertaining to the Lyda Hill trusts. 2014). personal injury; Boolean (richard or dick) and cheney . Quasi-estoppel forbids a party from accepting the benefits of a transaction and then subsequently taking an inconsistent position to avoid corresponding obligations or effects. A. 1986). Margaret Hunt Hill (19152007) was an American heiress and philanthropist. Grp. at 11. In her reply brief, Lyda Hill notes that Plaintiffs mischaracterize a Probate Court order described in her motion. . albert galatyn hill iiimaryland lacrosse camps 2021. albert galatyn hill iii italian prayer for protection Co., 511 U.S. 375, 377 (1994) (citations omitted); Home Builders Ass'n of Miss., Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. 2 regarding Hill Jr.'s Powers of Appointment. A case becomes moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome of the litigation. Women, Influence & Power in Law UK Awards 2023, Legalweek Leaders in Tech Law Awards 2023, WORKERS COMPENSATION ATTORNEY - Hartford, CT, Offering an Opportunity of a Lifetime for Personal Injury Lawyers, What Does Your Business Agreement Really Mean? The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. Your article was successfully shared with the contacts you provided. PR-17-04117-2, Probate Court No. 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. Strike 3, Doc. 2020 Action, Doc. Plaintiffs themselves state in their Response at heading F: The Parties Agreed that this Action Must be Brought in this Court. Pls.' Also, on May 29, 2018, in the 2020 Action, Hill III filed his own motion to enforce the GSA and Final Judgment, contending that the Hill Jr. Thus, the court denies Plaintiffs' request to convert the pending Rule 12(b)(1) motions into summary judgment motions. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. Trusts because he was not a current beneficiary. CAPITAL FINANCE, LLC vs. REPUBLIC TITLE OF TEXAS INC. The primary beneficiary of the MHTE was Margaret Hunt Hill and the primary beneficiary of the HHTE was Haroldson L. Hunt, Jr. (Hassie). To view this content, please continue to their sites. Resp. Under the doctrine of quasi-estoppel (or estoppel by contract), they contend it is prejudicial to Defendants and inequitable for Hill III to contend today (after receiving a nine-figure monetary amount in consideration through the GSA and Final Judgment) that Hill Jr. did not have powers of appointment in the Hill Jr. Contest Clause from the GSA, ordered Hill III and Erin Hill (in all their capacities) and the Grandchildren not to contest Hill Jr.'s will or challenge the disposition of his property: Finally, consistent with the Settlement Agreement, Judge O'Connor retained continuing jurisdiction over the implementation and enforcement of the Final Judgment. Compl., Doc. 2. 2010) (citation omitted); see also Ulico Cas. Albert Galatyn Hill Jr Investments, A. G. Hill Partners; eldest grandson of H.L. 1-3 at 10 Art. 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.' 26. Law Offices of Gary Martin Hays & Associates ; Stockman v. Federal Election Comm'n, 138 F.3d 144, 151 (5th Cir. Public Records Policy. D. Hill Jr.'s Will and the Dissolution of the Hill Jr. 18); grants Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Id. Although the court lacks subject matter jurisdiction over Plaintiffs' claims and dismissals for lack of jurisdiction are ordinarily without prejudice, and in light of this court's ruling, there is no court, state or federal, that has jurisdiction to hear Plaintiffs' claims. See 2020 Action, Doc. Id. 999 at 8-9, 8.a and at 20-22, 9.a. 2004) (citation omitted). 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. 8 (214) 681-3171. The doctrine of mootness is embedded in Article III's case or controversy requirement and requires that an actual, ongoing controversy exist at all stages of federal court proceedings. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. They do not address statutory or prudential standing. The 2005 Disclaimer further provided, among other things: On June 14, 2007, Margaret Hunt Hill died and her equitable interest in the MHTE passed in equal shares to her three children-Hill Jr., Lyda Hill, and Alinda Hill Wickert-subject to any disclaimers. Trusts due to the Waiver of Standing Clause: Once Hill Jr. executed his Will in 2014 dictating that, upon his death, his powers of appointment over his equitable interests in the Hill Jr. Hill Jr. Id. 2005) (citations omitted). Ultimately, Hill III agreed to a settlement of the dispute. 2012) (describing genesis of the GSA). For these reasons, in the alternative to dismissing Plaintiffs' claims against the Hill Jr. 1. 30342 (404) 237-6650. 2003) (citation omitted). Strike 1, Doc. 2020 Action, Doc. 22 at 662-64. Den Norske Stats Oljeselskap As, 241 F.3d at 424. 26). Sonnier v. State Farm Mutual Auto. First, given the unique procedural history of this matter, which concluded in 2010 when Judge O'Connor issued the Final Judgment, the court can only conclude that Plaintiffs are proceeding in bad faith and allowing further amendment would be unduly prejudicial to Defendants, who have had to respond to these same contentions in multiple fora over a period of several years.