[Last Updated: Updated November 8, 2022)
Following the Annual Meeting on August 27, 2022, papers were served to indicate that Mary Kiernan has filed a lawsuit that names the Upper Little Warm Springs Association as a defendant, while also naming Eriks Goodwin and James Phillips, individually. Attached below is a scan of the filing, as served.
The ULWSA Board of Directors has retained Codie Henerson of Davis & Cannon, LLP as counsel for the Association. Mr. Henderson filed a Motion to Dismiss and a Brief in Support of the Motion to Dismiss as of October 4, 2022. Within the Brief, Mr. Henderson wrote in his conclusion that,
"...Plaintiff [Mary V. Kiernan] has failed to establish the requisite elements for each cause of action, even when accepting the facts in the Complaint as true. In fact, for most of the causes of action Plaintiff [Mary V. Kiernan] cannot establish a single element. The case is frivilous and all causes should be dismissed..."
On October 21, 2022, the Court ordered the case DISMISSED without prejudice at the request of the plaintiff.
- Orginal Complaint by Mary V. Kiernan
- Motion to Dismiss by ULWSA
- Brief in Support of Motion to Dismiss by ULWSA
- Court Order of Dismissal of Complaint
If you are trying to read the attached PDF files and get a File Unavailable Error, please "right-click" on the links and "save target as" to download the PDF files.