Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scottrade, Inc. v. Davenport

United States District Court, D. Montana, Billings Division

August 1, 2017

SCOTTRADE, INC., an Arizona corporation, Plaintiff,
v.
KRISTINE DAVENPORT, individually, SHANE M. LEFEBER, individually, CHRISTOPHER GIBBONS, individually, KIMBERLY CHABOT, individually, PATRICIA FALLER, individually, Defendants. PATRICIA FALLER, individually, CHRISTOPHER GIBBONS, individually, KIMBERLY CHABOT, individually, SHAME M. LEFEBER, individually, Cross-Claimants,
v.
KRISTINE DAVENPORT, individually, Cross-Defendant.

          ORDER

          SUSAN P. WAITERS United States District Judge.

         Before this Court is Shane M. LeFeber's ("Shane") Motion for Distribution of Funds Held in CRIS to Beneficiaries other than Davenport. (Doc. 404). Shane contacted his co-defendants Christopher Gibbons and Patricia Faller and they do not object to his motion. (Id.). He was unable to contact co-defendant Kimberly Chabot. (Id.) Davenport objects to the motion to the extent that it requests distributions from her share to the other parties and to the extent that it requests the court retain her share until all appeals have concluded. (See Doc. 406). For the reasons set forth below, the Court grants Shane's motion.

         I. Background

         As this history is well-known to the parties, this Court adopts the Ninth Circuit's description of the background facts and procedural history. A short summary of relevant events is laid out below.

         On September 15, 2010, James LeFeber ("LeFeber") died, leaving the contents of his Scottrade brokerage account to five of his friends: Shane, Patricia Faller ("Faller"), Kristine Davenport ("Davenport"), Christopher Gibbons ("Gibbons") and Kimberly Chabot ("Chabot"). LeFeber executed a Transfer on Death Beneficiary Plan directing that his Scottrade account should be distributed as follows:

56% to Shane LeFeber;
4% to Patricia Faller;
16% to Christopher Gibbons;
8% to Kimberly Chabot; and
16% to Kristine Davenport.

         Davenport contested these distributions and sought to claim all of LeFeber's estate and brokerage account, based on an oral contract she allegedly made with LeFeber in 2007. She sued in Montana State Court.

         Faced with competing claims over LeFeber's account, Plaintiff Scottrade, Inc. ("Scottrade") filed an interpleader action in this Court. Numerous claims, cross-claims and counter-claims followed. Seeking the entire account, Davenport alleged a conspiracy of the other beneficiaries to interfere with the purported 2007 oral contract. Although he was not named as a beneficiary, Patricia Faller's husband, Arnold Faller, was implicated in Davenport's conspiracy allegations and dragged into the lawsuit. Davenport's causes of action and various motions were characterized by this Court as "patently frivolous" and so "one-sided" that they would result in a "mockery of justice" to require the other beneficiaries to refute her allegations at trial. (Doc. 268, 5, 25, 33-34, 60). This Court denied all of Davenport's motions, dismissed both Scottrade and Arnold Faller with prejudice, and eventually granted summary judgment against Davenport and awarded the other parties attorney fees and costs.

         As part of its final judgment, this Court awarded attorney fees to Shane and Arnold Faller in the amount of $148, 143.21 and $183, 548.89. This Court also noted the attorney fees of $6, 142.53 previously paid to Scottrade and $11, 189.10 previously paid to Faller and determined that all the attorney's fees were to be taxed against Davenport's 16% share of the Scottrade fund. Davenport appealed the Judgment and all other orders issued by this Court.

         On appeal, the Ninth Circuit affirmed this Court's judgment but ordered remand so that Davenport could "file objections as to the [attorney fee] award amounts [to Arnold Faller, Patricia Faller, and Shane] only." (Doc. 290). This Court determined the amount of attorney's fees payable to Shane and the Fallers for fees incurred prior to and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.