United States District Court, D. Connecticut
RICHARD M. COAN, Plaintiff-Trustee,
v.
SEAN DUNNE et al., Defendants.
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 ...