Legal Corner
Status of Legal Matter with
Bank of America and Former President/Treasurer
April 2023 Update:
• As you know there’s an ongoing dispute between SJSSAA and Ms. Homer and Ms Otto (former SJSSAA officers) regarding certain issues including the ownership of SJSSAA’s funds being held at Bank of America (BoA).
In March, BoA filed a complaint for interpleader action (Attached – Doc 1) asking the court to determine the rightful owner of the funds.
• SJSSAA, through its attorney, responded to the complaint. (Attached – Doc 2) Once the Court issues an “Order of Interpleader,” then both parties (SJSSAA vs. Homer/Otto) will litigate the issues before the Court.
June 2023 Update:
• Still awaiting the Court’s issuance of an Order of Interpleader.
The Court will issue an order designating one of the parties as Plaintiff, one as Defendant. Then the case can proceed as a normal civil action over the matter of who is the SJSSAA and who is not, and over who gets the money.
• In the meantime, Homer/Otto, through their attorney, served a crossclaim against SJSSAA (Attached – Doc 3). Because their filing was before the Court’s Order to begin litigation, their attorney has agreed to wait until after the Court issues its Order of Interpleader for us to respond.
• Similarly, SJSSAA’s crossclaim would be filed AFTER the Order of Interpleader is filed.
• Additionally, Homer/Otto’s served requests for documents on BoA. BoA objected that it was too early – the Court had not yet issued the Order of Interpleader.
• The Bank has sought a protective order from the Court, by which it would be relieved of the obligation to respond to the request for documents.
It is likely that the Court will shortly issue an Interpleader Order and set the case on a normal civil schedule. At that time, SJSSAA will litigate the case and protect its interests accordingly.
Updates will be provided as activity continues.
Send questions or comments to sjssaalumnae@gmail.com.