Opinion
No. 01 C 399
February 7, 2003
MEMORANDUM OPINION AND ORDER
We earlier determined that defendant had the entire interest in her residence, having terminated a resulting trust. That left open defendant's counterclaim, and she has moved for summary judgment. We grant that motion and enter judgment for defendant and against plaintiff in the amount of $7,249.36, together with costs.
Plaintiff moved to continue his response to the motion, citing his need for discovery. That we denied because the discovery sought was irrelevant. We did, however, grant plaintiff a last opportunity to respond to the motion. He did respond, but only to complain once again that he has not received discovery to which he believes himself entitled, and to ask for some additional discovery as well.
None of it, however, bears on defendant's counterclaim. The undisputed or undisputable facts establish that plaintiff, while the trustee of his sister's resulting trust, sued her in New York to obtain the property, claiming that he was the fee owner. That was a clear breach of his fiduciary responsibilities. Defendant incurred $7,249.36 in legal expenses as a result. She is entitled to recover that expense, resulting from a breach of trust.
That amount is, of course, far less than the $75,000 diversity jurisdiction threshold amount. Even if this were not a compulsory counterclaim (and we believe that it is), it is so related to the claims in the original action that it forms part of the same case or controversy. Accordingly, we have supplemented jurisdiction pursuant to 28 U.S.C. § 1367 to decide the matter.
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED that the court enters judgment in favor of' defendant, ELIZABETH PATRICIA ASSAM-METZLER in the amount of $7,249.36, together with costs against plaintiff, STEPHEN ASSAM.