albert galatyn hill iii albert galatyn hill iii

1993)). 1994)). As such, Rule 12(f) does not apply. 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. Hill Development Corporation; Fast Food Holdings; Hill Family Foundation. 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. The case status is Pending - Other Pending. In considering a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, a court may evaluate (1) the complaint alone, (2) the complaint supplemented by undisputed facts evidenced in the record, or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts. Den Norske Stats Oljeselskap As v. HeereMac Vof, 241 F.3d 420, 424 (5th Cir. Here, Plaintiffs have not sought to satisfy any of these factors, and the court concludes that none of the factors weighs in favor of allowing Plaintiffs to amend their Complaint. See Pls.' 936 at 5-6. CAPITAL FINANCE, LLC vs. REPUBLIC TITLE OF TEXAS INC. 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. Co., 512 F.3d 177, 180 (5th Cir. 1883 at 6 (July 3, 2018 Memorandum Opinion and Order). 999 at 43, 45. R2 Invs. Ins. 2005). 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. Plaintiffs' claims will be dismissed with prejudice. 2008) (Estoppel . PR-17-04117-2, Probate Court No. 2015), the Fifth Circuit stated, [W]e have not hesitated to apply judicial estoppel to dismiss claims under Rules 12(b)(6) or 12(c) while affirming dismissal of claims based on judicial estoppel. ' 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). 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. Accordingly, the court declines to allow Plaintiffs to amend their pleadings, and their claims will be dismissed with prejudice. Annie Moussin designer intrieur. Absent jurisdiction conferred by statute or the Constitution, they lack the power to adjudicate claims and must dismiss an action if subject matter jurisdiction is lacking. For the reasons that follow, the court will deny Plaintiffs' request. 2002). Hilllost his appeal in litigation with his sisters over a dispute about their fathers will. Customer Service| Her father was H. L. Hunt (18891974) and her mother, Lyda Bunker (18891955). The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. 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. Trades Council AFL-CIO v. Jacobs Constructors, Inc., 804 F.2d 879, 881 (5th Cir. . For these reasons, in the alternative to dismissing Plaintiffs' claims against the Hill Jr. and over a hundred references to the Settlement Agreement and Final Judgment in the 2020 Action, which are central to this suit. Lyda Hill's Mot. This lawsuit, filed by Albert G. Hill, III (Hill III) and Erin Nance Hill (Erin Hill) (collectively, Plaintiffs) on December 20, 2020, involves, once again, a dispute relating to two trusts formed by Haroldson Lafayette (H.L.) Hunt, the late Texas oil baron reputed to be one of the world's richest men when he died in 1974. Hill v. Washburne, 953 F.3d 296, 300 (5th Cir. Hill was the oldest grandson of legendary Texas oilman H.L. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. 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. See Hill Jr. Thus, if events after a case is filed resolve the parties' dispute, the case must be dismissed as moot because federal courts do not have the constitutional authority to decide moot cases. See 2020 Action, Doc. Lyda Hill's Reply 6, Doc. albert galatyn hill iii. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Galatyn is a great sword that provides 85 damage and 494 delay. The following year, Hill and his family purchased Highland . 1999). 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. The better, and more reasonable, course of action, therefore, is to dismiss these claims with prejudice. Civil Action 3:20-CV-3634-L (N.D. Tex. And the best part of all, documents in their CrowdSourced Library are FREE! It deals 10.32 damage per second and accumulates 134 TP per hit. (citation omitted). Having considered the motions, responses, replies, pleadings, record, and applicable law, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. Co. v. City of Mont Belvieu, Tex., 611 F.3d 289, 298 (5th Cir. Transfer From: Transfer In: Transfer Case: Transfer To: Transfer Out: Pub Service: West Publishing . Both options are priced the same. 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. 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. 879 at 39-40; Doc. 2005) (citations omitted). generally prevents one party from misleading another to the other's detriment or to the misleading party's own benefit.) (citations omitted). LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. 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. Galatyn is a mid-ranked weapon for . 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Plaintiffs' Motion to Strike and Request to Convert Pending Motions to Dismiss into Motions for Summary Judgment. The court does not intend to consider any other matter arising out of the GSA, the Final Judgment, the MHTE, or the HHTE, except for what is pending in the 2020 Action. The Hill Jr. at 2. Abraham Alfonse Albert Gallatin (January 29, 1761 - August 12, 1849) was a Genevan - American politician, diplomat, ethnologist and linguist. 2014), squabbling over the trusts was supposedly ended by a settlement agreement confected in 2010. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. FinancialFinancial info for LIPPE, EMIL, Jr : PAYMENT (CASE FEES); Receipt # PR-2021-00574; LIPPE, EMIL $24.00, FinancialFinancial info for LIPPE, EMIL, Jr : Transaction Assessment; ; $24.00, FinancialFinancial: LIPPE, EMIL, Jr ; Total Financial Assessment $24.00 ; Total Payments and Credits $24.00, DocketMISC. Plain English. In light of its rulings herein, the court need not address any other argument made by the parties. 999 at 22-23. Compl., Doc. Dj vu is defined as, among other things, a feeling one has seen or heard something before, and as something overly or unpleasantly familiar. Merriam-Webster's Collegiate Dictionary 329 (11th ed. 28. Federal courts are courts of limited jurisdiction and must have statutory or constitutional power to adjudicate a claim. App.-Eastland 2010, pet. 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. 2020 Action, Doc. She had six siblings Caroline Rose Hunt (born 1923), H. L. Hunt III ( 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. Albert Galatyn Hill III. Statutory standing, also commonly referred to as prudential standing, is similar to constitutional standing and addresses whether a plaintiff is within the class of plaintiffs whom Congress has authorized to sue under a statute. 2019-05-01, Tarrant County Courts | Probate | UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 1-2 at 10 Art. 2014). 3:16-cv-1735-D, 2019 WL 2515000, at * 1 (N.D. Tex. IV 3 (HHTE). and Mot. Claire . On April 20, 2005, Hassie died. Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-99 (5th Cir. Defendants oppose these requests in their respective reply briefs. 877 (May 5, 2010 hearing transcript at 33-34). 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. The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Id. 21. 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. 1994)). 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. Finally, one place to get all the court documents we need. 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. 2022-12-28, Tarrant County Courts | Probate | 21); and denies Plaintiffs' Motion to Strike (Doc. 2007); Martin K. Eby Constr. He was 72. "Together?we the people?achive more than any single person could ever do alone. In support, they contend that in their motions, Defendants allude to an array of documents irrelevant to the allegations in Plaintiffs' Complaint. Pls.' A federal court has subject matter jurisdiction over civil cases arising under the Constitution, laws, or treaties of the United States, or over civil cases in which the amount in controversy exceeds $75,000, exclusive of interest and costs, and in which diversity of citizenship exists between the parties. No spam, ever. In the Estate of Richard White Burk, Deceased. albert galatyn hill iii. Hill III appealed the Final Judgment challenging, among other things, the addition of provisions that were not part of the GSA. 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! Law Offices of Gary Martin Hays & Associates 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. 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. 30305 (404) 351-9788. 1927. Compl., Doc. 620, 622 (5th Cir. Factual Background and Procedural History. 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 effect of the 2005 Disclaimer is that Hill Jr.'s disclaimed interest passed to Hill III, Washburne, and Summers after Margaret Hunt Hill's death. This latest chapter, however, is the last chapter. Constitutional standing is assessed at the time a plaintiff commences an action. ALBERT G. HILL, III, . The court and counsel for Hill III (Ms. Aldous) specifically confirmed on the record to Lyda Hill's counsel (Mr. Ikard) that claims relating to the power of appointment and the words per stirpes giving Plaintiffs any interest in Lyda Hill's HHTE trust were released and would be dismissed with prejudice. 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. 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. 211 at 2-4, II.A. A. A. Relationships Interlocks Giving Data. CM-ECF citations from Hill v. Hunt et al., Civil Action No. Case Details Parties Documents Dockets. 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. Exhibit B to Pls.' Compl., Doc. Dallas Petroleum Club Will Move to Hunt Building in January 2023. 212-6; Doc. Dismiss 17, Doc. 330, 331 (5th Cir. Plaintiffs allege: Plaintiffs assert the following claims arising out of the 2016 termination and dissolution of the Hill Jr. Albert Galatyn Hill Jr was born c. 1945. Trusts under the Waiver of Standing clause. The provision of Rule 15(a)(2) of the Federal Rules of Civil Procedure that states [t]he court should freely give leave when justice so requires is not without limitation. Adams, 556 F.2d at 293. [S]ubject-matter jurisdiction cannot be created by waiver or consent. Howery v. Allstate Ins. 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. 2020 Action, Doc. (quoting Venture Assocs. In this latest iteration, Plaintiffs assert claims against the Estate of Albert G. Hill, Jr.; Margaret Keliher (Keliher), individually and as Executor of the Estate of Albert G. Hill, Jr.; Tyree Miller (Miller), individually and as Trustee of The Albert G. Hill, Jr. Family Trust; Chester J. 1997) (en banc). 480 (5th Cir. 22 at 662-64. Trusts because he was not a current beneficiary. III 3 (MHTE); Exhibit C to Pls.' Reply 10, Doc. 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. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. A.G. Hill Partners, LLC and Galatyn Asset Management LLC may be deemed to beneficially own all of the shares of Common Stock held by Galatyn Equity Holdings LP. Kitty Hawk Aircargo, Inc. v. Chao, 418 F.3d 453, 460 (5th Cir. 2, Dallas County, Texas (the Estate Action), seeking to admit the Will to probate, and to appoint an independent executor. Mann v. Adams Realty Co., 556 F.2d 288, 293 (5th Cir. Defs.' 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. Lexmark Int'l, Inc. v. Static Control Components, Inc., 572 U.S. 118, 128 (2014). Multi-Unit Residential; Residential; Hospitality They bought a $9 million dollar estate in swanky Buckhead (think Highland Park on Strait Lane in Dallas), closed on it in July. Sch. ' Id. District courts should freely give leave [to amend] when justice so requires, Fed.R.Civ.P. In the GSA, and as confirmed by the Final Judgment, Hill III covenanted not to reassert any released claims against Lyda Hill. The court noted that Hill III's failure to disprove the validity of Hill Jr.'s Powers of Appointment would bar him as a matter of law from seeking relief regarding dissolution of the Hill Jr. This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. 88, Ltd., 817 S.W.2d 160, 164 (Tex. Dismiss 15, Doc. See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. Why is this public record being published online? Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Trusts would be exercised to exclude Hill III, irrespective of whether the Hill Jr. which best describes the pillbugs organ of respiration; jesse pearson obituary; ion select placeholder color; best fishing spots in dupage county Trusts and the purported termination and dissolution of the Lyda Hill Trusts: Breach of Contract (Count One) (except as to Defendants Donnally and Tatham); Declaratory Relief (Count Two) (against all Defendants); Imposition of a Constructive Trust/Conversion (Count III) (against all Defendants); Tortious Interference with Contract (against Donnally and Tatham only) (Count IV); Breach of Fiduciary Duties and Fee Disgorgement (against Donnally, Irwin, and Tatham) (Count V); Aiding and Abetting Breach of Fiduciary Duties (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count VI); Civil Conspiracy (against all Defendants) (Count VII); Aiding and Abetting (against Hill Jr., Keliher, Miller, Lyda Hill, Washburne, and Summers) (Count VIII); Unjust Enrichment (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count IX); Equitable Reformation (against all Defendants) (Count X); and Exemplary Damages (against all Defendants). The children of Arteriors founder Mark Moussa have a new concept of their own. 3:07-cv-2020-L (the 2020 Action) are referenced herein as 2020 Action, Doc. In their current lawsuit, Plaintiffs, once again, assert the same claims that the court denied without prejudice on July 3, 2018, when it deferred to the Probate Court before which identical claims were pending. Copyright 2023 ALM Global, LLC. 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. 1996), rev'd on other grounds, 113 F.3d 1412 (5th Cir. In addition, the court disagrees with Hill III and concludes that the motions relate to the current controversy and specifically address Plaintiffs' claims. MISC. 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. They make similar allegations against Lyda Hill. 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. 31. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2. 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. P.C. Trusts: 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. $266.00, FinancialFinancial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, FinancialFinancial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, DocketAPPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY, Dallas County Texas Courts | Probate | On November 8, 2010, Judge O'Connor issued the Final Judgment implementing and memorializing the parties' GSA, which he incorporated by reference into the Final Judgment. Iqbal, 556 U.S. at 679. As the undersigned previously ruled, Hill III's failure in the Probate Court to disprove the validity of Hill Jr.'s powers of appointment bars him as a matter of law from seeking relief regarding dissolution of the Hill Jr. Corp. v. Zenith Data Sys. An alert FrontBurnian gave me a heads up that the Fifth Circuit Court of Appeals issued a decision on Tuesday that looks like it might put a period at the end of that saga. The appellate court upheld the terms of the lower courts order prohibiting Hill III from contesting Hill Jr.s will in any matter, in any court, in any future world. The law of Article III standing, which is built on separation-of-powers principles, serves to prevent the judicial process from being used to usurp the powers of the political branches. Clapper v. Amnesty Int'l USA, 568 U.S. 398, 408 (2013). Id. To view this content, please continue to their sites. In determining whether to allow an amendment of the pleadings, a court considers the following: undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, [and] futility of amendment. Foman, 371 U.S. at 182; Schiller v. Physicians Res. 1-2 at 10-11, Art. Plaintiffs themselves state in their Response at heading F: The Parties Agreed that this Action Must be Brought in this Court. Pls.' Hill III dropped his challenge to the powers of appointment in Probate Court, and he alleges no such challenges in the Complaint. 2004) (citation omitted). He says he simply wants to know. The court does not evaluate the plaintiff's likelihood of success; instead, it only determines whether the plaintiff has pleaded a legally cognizable claim. 2018-08-15-Applicant's Motion to Exclude Trial Exhibits of AGHIll, III.pdf, Applicant's Objection to Albert G. Hill, III Contesting the Decedent's Will.pdf, 2018-08-14- Response to Motion for Certification of Order-Severance for Interlocutory Appeal.pdf, Hill III Resp Emerg Application to FileTaxReturn.pdf, 2018-02-23 - Hearing Confirmation (Hill Estate).pdf, 2022-08-12 Notice of Address Change - Estate of Albert G. Hill.pdf, Cases involving other probate matters not classified elsewhere, Financial info for LIPPE, EMIL, Jr : PAYMENT (CASE FEES); Receipt # PR-2021-00574; LIPPE, EMIL $24.00, Financial info for LIPPE, EMIL, Jr : Transaction Assessment; ; $24.00, Financial: LIPPE, EMIL, Jr ; Total Financial Assessment $24.00 ; Total Payments and Credits $24.00, POSTED 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, WILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, ISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, Financial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. IV 3 (MHTE); Exhibit C to Pls.' See, e.g., Baton Rouge Building & Constr. Dist., 81 F.3d 1395, 1401 (5th Cir. Id. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Katherine Jane Preisinger. 1986) (affirming district court's dismissal with prejudice based on lack of standing); Westfall v. Miller, 77 F.3d 868, 871 (5th Cir. douglas county oregon firewood permit. Nance Haroldson Hill. As previously explained, Hill III contractually agreed in the GSA, which was incorporated into the Final Judgment, that Hill Jr.'s Disclaimer was valid and enforceable. Defendants, in their reply, maintain the court should deny Plaintiffs' Rule 12(f) motion to strike for the following three reasons: (i) the filing at issue is a motion, not a pleading; (ii) the Motion relates to the controversy before the Court as it specifically addresses Plaintiffs' claims; and (iii) Plaintiffs fail to note any specific language in the Motion they contend satisfies Rule 12(f)'s high standard to strike. Hill Jr.