Coan v. Dunne

          ORDER DENYING WITHOUT PREJUDICE TRUSTEE'S MOTION IN LIMINE TO PRECLUDE HANDWRITTEN DOCUMENTS

          JEFFREY ALKER MEYER, UNITED STATES DISTRICT JUDGE

         This is an action by Bankruptcy Trustee Richard M. Coan principally alleging fraudulent transfers of money and property by Sean Dunne to his wife Gayle Killilea and others. See Coan v. Dunne, 2019 WL 302674, at *1-*2 (D. Conn. 2019) (generally describing the history of this case). The Trustee has now moved in limine (Doc. #365) to preclude the introduction into evidence of certain handwritten documents purportedly created by Sean Dunne and Gayle Killilea. For the reasons stated herein, I will deny the Trustee's motion without prejudice.

         Background

         Although the Trustee refers to a “March 2005 Letter, ” “July 2005 Letter, ” and “February 2008 Letter, ” see Doc. #366 at 3-5, his motion in limine does not designate the specific exhibits to which he objects by number, and so I rely on defendants' representations in their opposition to the motion in order to identify and address the exhibits to which the Trustee objects. See Doc. #394 at 2-3.

         Exhibits 5502 and 5540

         Exhibits 5502 and 5540 are copies of the same document, titled “Property Transfer Agreement between Sean & Gayle Dunne - 23rd March 2005.” Id. at 1. In the agreement, Sean Dunne promises to Gayle Killilea 70 percent of the profits from his sale of six properties: (1) Woodtown Rathfarnam, Co[unty] Dublin; (2) IGB Clonskeagh, Co. Dublin; (3) Lagoon Beach Hotel, Cape Town, S[outh] A[frica]; (4) Charlesland, Co[unty] Wicklow ([r]esidential portion only); (5) Malahide, Co[unty] Dublin; and (6) Rivertree (1 & 3 Shrewsbury Rd., Dublin 4). Dunne promised the profits from the sale of these properties “for the benefit of [Killilea] and [their] son Bobby Luke and any future children born to [them].” Ibid. The document further declares Sean Dunne's transfer to Gayle Killilea of his interest in loan repayments from Lagoon Beach and profits from Charlesland. Id. at 2. Through this document, Dunne sought to “assure the financial independence of my wife & children for the future and to secure their independence from my own property investments.” Id. at 1. The document purports to bear the signatures of Dunne and Gayle Killilea, a date of March 23, 2005, and a declaration that Dunne and Killilea were in Hua Hin, Thailand, when the document was created. Id. at 3.

         Exhibit 5505

         Exhibit 5505 is dated February 15, 2008, and bears the title “Ref: Property Transfer Agreement Between Sean Dunne and Gayle Dunne (Killilea) 23rd March 2005.” Id. at 1. Per the document, Sean Dunne purports to irrevocably transfer his full interest in the Lagoon Beach Hotel in Cape Town, South Africa, to Gayle Dunne because the sale of the hotel was not possible. Ibid. The document also claims that Dunne transfers “any and all tax issues arising on the future sale of this property” as well as “all loans made by me to Mountbrook Homes Ltd, and all of its associated companies and subsidiaries.” Ibid. Dunne renounces “all claims over or against the assets” on behalf of his estate and “all claims over any present or future income derived from the ongoing trade or sale of the” hotel. Id. at 2. The agreement, claiming to be executed by Dunne and Killilea, and bearing an illegible witness signature, is a “full and final settlement” of Dunne's obligation “in relation to Lagoon Beach Hotel and to Mountbrook Homes LTD Loans dated 23rd March 2005.” Ibid.

         Exhibit 5507

         Exhibit 5507 purports to be the “Wishes & Will of S. Dunne.” Id. at 1. It contains a handwritten distribution of Sean Dunne's assets, delineation of management of his companies, and guardianship arrangements for his children. Id. at 1-4. The document bears the signatures of Sean Dunne, John Dunne, and Killilea, and is dated July 27, 2007. Id. at 4.

         Exhibit 5544

         Exhibit 5544 purports to be a declaration by Sean Dunne confirming that he holds the contract to purchase Walford in trust for Killilea. Id. at 1. The document claims that Dunne holds the entire interest in the contract on the basis of the March 23, 2005, property settlement agreement, and that he and his estate renounce any claims to the property-confirming that he will transfer Walford to Killilea “or her nominee when called upon to do so.” Ibid. The document bears signatures in the names of Sean Dunne, Killilea, and John Dunne, and a date of July 23, 2005. Ibid.

         Exhibit 6379

         Exhibit 6379 purports to be a “Mortgage Repayment (''5M) Agreement” dated July 22, 2008. Id. at 1. It sets out to “immediately repay at the first opportunity the sum of ''5 million which DCD Builders Md. was lent/borrowed on our family home in July 2007.” Ibid. The document discusses other obligations, including Dunne's commitment to “undertake to pay the sum of ''50k/month against the capital & interest payments so as to keep the balance on the mortgage well below its limit.” Id. at 2. Per the document, Dunne states that he “recognize[s] that this ''5 million is the obligation of my company DCD Builders and me to repay at the first available opportunity and ranks ahead of all other charges hereby created after this date by me and DCD Bldrs Ltd. until such time as the ''5M is fully repaid.” Id. at 2-3. The agreement is stated to be “enforceable against monies earned ...