Full Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) YASMINE MELEHY, ) Personal Representative for ) the Estate of Abdel Shakour Shaalan, ) ) Plaintiff, ) ) v. ) Civil Action No. 21-2873 (ABJ) (SEALED) ) HALA SALHA, et al., ) ) Defendants. ) ____________________________________) MEMORANDUM OPINION Plaintiff Yasmine Melehy filed this survival action on behalf of her late-husband, Abdel Shakour Shaalan, against defendant Hala Salha. Second Am. Compl. [Dkt. # 52]. She alleges that defendant defrauded Shaalan out of $1,000,000 through a fraudulent wire transfer and $196,000 through a series of allegedly fraudulent monthly checks while she worked as his executive assistant at the International Monetary Fund. Second Am. Compl. ¶¶ 55–64. The initial complaint in this case was filed on October 29, 2021 against defendant Salha and Capital One, N.A. (“Capital One”), Shaalan’s bank. Compl. [Dkt. # 1].1 It consisted of one count of fraud against Salha, one count of aiding and abetting fraud against Capital One, and one count of conspiracy to commit fraud against both defendants. Compl. ¶¶ 70–95. It alleged five fraudulent transactions: 1) a $1,000,000.00 wire transfer in November 2014; 2) a $1,000,000.00 cash withdrawal in January 2015; 1 Plaintiff originally named Capital One Financial Corporation as defendant, but the parties later substituted in Capital One, N.A. as the correct party. Joint Mot. to Substitute Party [Dkt. # 6]; Minute Order (Dec. 6, 2021). 3) $453,040.96 in checks between 2014 and 2019; 4) $127,801.49 in charges on an American Express card between 2014 and 2019; and 5) $371,035.00 in wire transfers and fees for the benefit of Shaalan’s nephew, Mohamed Shaalan, beginning in 2015. Compl. ¶¶ 63, 72(a)–(e). Both defendants moved to dismiss the complaint for failure to state a claim. Def. Capital One’s Mot. to Dismiss [Dkt. # 8]; Def. Salha’s Mot. to Dismiss [Dkt. # 11]. The Court granted Capital One’s motion, dismissing the counts against the bank without prejudice. Mem. Op. [Dkt. # 19] at 18. It granted in part and denied in part Salha’s motion, dismissing the conspiracy count and the portion of the fraud count related to the checks and wire transfers to Shaalan’s nephew without prejudice. Id. at 9, 12–13, 17–78. Defendant Salha answered the remaining claims, Answer [Dkt. # 20], and on October 31, 2022, the Court entered a schedule for further proceedings that allowed time for amended pleadings, discovery, and dispositive motions. Scheduling Order [Dkt. # 23]. On November 2, 2022, plaintiff moved for leave to file an amended complaint. Pl.’s Mot. for Leave to File the First Am. Compl. [Dkt. # 24]. The proposed amended complaint added new allegations with respect to defendant Salha and the fraudulent checks, claiming that she “regularly wrote” herself checks using Shaalan’s checkbook. Am. Compl. [Dkt. # 24-1] (“Proposed First Am. Compl.) ¶¶ 47, 55. It also added a new claim against Capital One for negligence. Proposed First Am. Compl. ¶¶ 88–97. Both defendants opposed the motion, see Resp. of Def. Salha to Pl.’s Mot. [Dkt. # 26]; Resp. of Def. Capital One to Pl.’s Mot. [Dkt. # 28], and the Court granted it in part and denied it in part. Mem. Op. [Dkt. # 32] at 7–11. It permitted plaintiff to add the allegations related to the 2 checks written to Salha herself, but it dismissed the negligence claim against Capital One. Id. After amendment, the fraudulent transactions alleged were: 1) a $1,000,000.00 wire transfer in November 2014; 2) a $1,000,000.00 cash withdrawal in January 2015; 3) $453,040.96 in checks between 2014 and 2019; and 4) $127,801.49 in charges on an American Express (“Amex”) card between 2014 and 2019. First Am. Compl. [Dkt. # 35] ¶ 73. Defendant Salha answered the first amended complaint, Answer to First Am. Compl. [Dkt. # 38], and the parties engaged in discovery. On September 19, 2024, plaintiff filed a motion to amend the complaint again. Pl.’s Mot. for Leave to File the Second Am. Compl. [Dkt. # 42] (“Second Mot. to Amend”). The motion announced that the proposed second amended complaint did not pursue new claims but rather sought to “truncate and eliminate damages.” Reply Br. in Supp. of Second Mot. to Amend [Dkt. # 46] at 1, 7. But the revised operative document withdrew a number of allegations. Specifically, it eliminated the allegations related to the American Express card charges and the cash withdrawal in January 2015. Id. at 1–2. It also eliminated allegations regarding any fraudulent checks written to third parties and narrowed the allegations to include only those checks for which plaintiff had proof in the form of a canceled check. Id. at 2; see Proposed Second Am. Compl. [Dkt. # 42-1] ¶ 48. Defendant Salha opposed the motion to amend on the basis of “undue delay, dilatory motive, bad faith, and prejudice.” Def.’s Opp. to Second Mot. to Amend [Dkt. # 43] at 15. Defendant also moved to dismiss the first amended complaint with prejudice as a sanction for plaintiff’s alleged spoliation of documents, discovery abuses, and other bad faith litigation 3 conduct. Def.’s Mot. to Dismiss & Additional Sanctions [Dkt. # 44]. She also moved for sanctions under the Federal Rule of Civil Procedure 11. Def.’s Mot. For Rule 11 Sanctions [Dkt. # 50].2 On November 1, 2024, the Court denied the portion of defendant’s motion seeking sanctions without prejudice, reserving the option to take up the sanctions issue after resolution of the merits. Order [Dkt. # 51] at 1. The Court granted the motion for leave to file the second amended complaint, but it ordered that all of the claims that had been withdrawn would be dismissed with prejudice. Id. at 2. Defendant answered the second amended complaint. Answer to Second Am. Compl. [Dkt. # 53]. Pending before the Court is defendant’s motion for summary judgment on the second amended complaint, which consists of one of fraud claim against defendant Salha. Def.’s Mot. for Summ. J. & Mem. of Law in Supp. [Dkt. # 56] (SEALED) (“Def.’s Mot.”). The motion is fully briefed. Pl.’s Mem. in Opp. to Def.’s Mot. [Dkt. # 63] (SEALED) (“Pl.’s Opp.”); Reply in Supp. of Def.’s Mot. [Dkt. # 65] (SEALED) (“Def.’s Reply”). For the reasons stated below, defendant’s motion will be GRANTED. The portion of the fraud claim related to the November 2014 wire transfer and the checks cashed before October 29, 2018 is barred by the statute of limitations. As to the surviving portion of the claim, which consists of allegations related to two checks cashed in October and November of 2018, plaintiff has failed to adduce sufficient factual material to raise a genuine dispute of material fact as to any element of fraud. The Court was required to accept plaintiff’s allegations as true when ruling on the sufficiency of the series of complaints, but this was the point when she was obliged to prove them. 2 The discovery motions were referred to an addressed by a Magistrate Judge, who imposed sanctions on plaintiff and her counsel with respect to discovery issues. See Orders [Dkt. ## 72, 75]. 4 BACKGROUND Abdel Shakour Shaalan was the Executive Director of the International Monetary Fund (“IMF”) from 1992 until about November 1, 2014. Def.’s Statement of Uncontested Material Fact [Dkt. # 58-1] (“DSUMF”) ¶ 1, citing Decl. of Hala Salha, Ex. A. to Mot. [Dkt. # 58-2] (“Salha Decl.”) ¶ 1. From October 2001 to the end of his tenure, Hala Salha was Shaalan’s Executive Assistant, and in that role, she performed both work-related and personal tasks for him. DSUMF ¶ 2, citing Salha Decl. ¶¶ 1, 5. Due to his glaucoma and poor eyesight, Shaalan would often ask defendant to review records for him, annotate them, and review the annotations with him verbally. DSUMF ¶ 14, citing Salha Decl. ¶ 5. According to defendant, the two had a close working and personal relationship, as Shaalan’s first wife passed away in 2012, and he had no children. DSUMF ¶¶ 3, 16, citing Salha Decl. ¶¶ 6, 16; see Ex. 5 to Salha Decl. [Dkt. # 56-8] (SEALED) at 4 (email from IMF employee to defendant after Shaalan’s death stating, “I know how much he appreciated you and that you were like a daughter to him”). a. The $1,000,000 wire transfer In the fall of 2014, Shaalan was not reappointed as the Executive Director of the IMF, and he became a Special Advisor to the Managing Director, which was an unpaid position. DSUMF ¶ 4, citing Salha Decl. ¶ 1; Ex. 2 to Salha Decl. [Dkt. # 56-5] (SEALED) (letter appointing Shaalan as Special Advisor). As Special Advisor, Shaalan’s previous staff of ten IMF employees was reduced to one: the defendant. DSUMF ¶ 5, citing Salha Decl. ¶ 1. On November 1, 2014, defendant was assigned to work in the IMF Secretary’s Department. DSUMF ¶ 5, citing Salha Decl. ¶ 2. Around that time, Shaalan asked her to continue working for him only; according to Salha, he said that because staying with him instead of transferring to a high-level IMF employee placed her future career at risk, he planned to give her $1,000,000 so 5 that he could be assured that she was financially secure. DSUMF ¶ 6, citing Salha Decl. ¶ 9. Around the same time, Shaalan also designated defendant as the sole beneficiary of his IMF staff retirement plan. DSUMF ¶ 12; Ex. 4 to Salha Decl. [Dkt. # 56-7] (SEALED) (Shaalan’s IMF Designation of Beneficiary form listing defendant as the primary beneficiary and describing her as a “Friend”). Defendant decided to accept the gift, and she recounts that Shaalan asked her to contact his bank to set up the funds transfer. DSUMF ¶ 7, citing Salha Decl. ¶ 9. On November 3, 2014, defendant and a Capital One Branch Manager exchanged emails regarding the transfer. DSUMF ¶ 8, citing Ex. 3 to Salha Decl. [Dkt. # 56-6] (SEALED) (“Emails”). At 10:29 a.m. that morning, defendant emailed the Branch Manager her personal banking information and account number. Emails at 5. He responded thanking her and adding, “Please specify the amount as well.” Id. She replied, “Mr. Shaalan told me that he informed you over the phone of the amount he wishes to transfer into my account.” Id. at 4. He responded, “Yes, but I need it on the email to get the approval from the district manager. My limit only goes to 500k.” Id. She wrote, “I asked Mr. Shaalan and he confirmed that the amount that he wants to transfer to my account is $1 million.” Id. at 3–4. Later that afternoon, another banker with Capital One was scheduled to meet with Shaalan at the IMF to receive signed paperwork to complete the transaction. See Emails at 3; DSUMF ¶ 9. At 2:09 p.m., defendant emailed the banker to say, “Mr. Shaalan signed the paper. Can you be here before 2:30? Sorry to rush you but I have a meeting at 2:30 to 3:30 PM today.” Emails at 2– 3. Defendant was not present when the banker arrived at the IMF and met with Shaalan, and she had no further involvement in the transaction until she received notification that she had received the funds. DSUMF ¶ 9, citing Salha Decl. ¶ 9. 6 Shaalan remained in the position of Special Advisor until the fall of 2019, when he lost his formal job title but was permitted to keep an office at the IMF and to retain defendant as his assistant. DSUMF ¶ 13, citing Salha Decl. ¶ 2. He was formally terminated in late February 2020. DSUMF ¶ 15, citing Salha Decl. ¶ 10. b. The checks Defendant explains the checks in her name by asserting that Shaalan did not know how to use an ATM machine and disliked waiting in line at the bank, so throughout her years of working for him, she would cash checks on his behalf to enable him to have cash on hand. Salha Decl. ¶ 23. According to defendant Salha, Shaalan would write a check payable to defendant, typically for $3,000, and she would deposit the check into her bank account, sometimes along with other personal deposits, and simultaneously withdraw the check amount in cash to give to Shaalan. DSUMF ¶¶ 37–38, 40, citing Salha Decl. ¶¶ 23–25. While withdrawing cash, she would sometimes withdraw additional cash from her account for her own personal use. DSUMF ¶ 40, citing Salha Decl. ¶ 25. Defendant also relies on the declaration of another employee at the IMF, Decl. of Ex. D to Dep. of Yasmine Melehy [Dkt. # 57-3] (SEALED) Decl.”). recalled: While I was working for Mr. Shaalan, at regular intervals, whenever [he] needed cash, Mr. Shaalan made check with the ‘payable to’ line left blank or ‘cash,’ usually in the sum of $3,000. While I was never personally asked to cash them, Mr. Shaalan regularly asked other members of his staff to make the checks payable to themselves, cash the check, and to give him the cash in the amount of the check. Id. ¶ 4. 7 Plaintiff alleged that defendant did not hand the cash over to Shaalan and actually used sixty-two of the checks for her own benefit. Second Am. Compl. ¶¶ 46–49. However, defendant has produced the documents underlying each transaction: September 10, 2014 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 54 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. November 21, 2014 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 2 of $3,000 into defendant’s bank account, followed immediately by a withdrawal of $3,043.14. December 8, 2014 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 3 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $4,500. January 13, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 4 of $3,000 into defendant’s bank account, followed immediately by a withdrawal of $3,000.00. February 6, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 5 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. March 9, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 6 of $2,000 into defendant’s checking account, followed immediately by a withdrawal of $2,000. March 27, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 7 of $3,170 with the description “Deposit 8 check deposit,” followed immediately by a withdrawal of $3,000. April 20, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 8 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. May 13, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 9–10 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $4,000. May 15, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 10 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. June 19, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 11 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. July 22, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 12 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. August 6, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 13 of $5,000 into defendant’s checking account, followed immediately by a withdrawal of $5,000. September 25, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 14 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. 9 October 21, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 15 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. November 17, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 16 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. November 24, 2015 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 16 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. January 12, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 17 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. February 12, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 18 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. February 26, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 18 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. March 9, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 19 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. June 30, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 20 of $3,000 into defendant’s account, 10 followed immediately by a withdrawal of $3,000. July 25, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 21 of $3,200 into defendant’s account, followed immediately by a withdrawal of $3,200. August 26, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 22 of $5,117.97 into defendant’s account, followed immediately by a withdrawal of $3,000. September 30, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 23 of $4,000 into defendant’s account, followed immediately by a withdrawal of $3,000. October 28, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 24 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. November 22, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 25 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. December 23, 2016 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 26 of $3,000 into defendant’s account, followed immediately by a withdrawal of $6,000. February 17, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 27 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. 11 March 2, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 28 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. March 28, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 29 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. April 3, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 30 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. May 19, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 31 of $3,000 into defendant’s account, followed immediately by a withdrawal of $3,000. June 5, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 32 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. August 14, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 33–34 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. August 30, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 34 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. September 8, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 35 of $3,000 into defendant’s checking 12 account, followed immediately by a withdrawal of $3,000. September 15, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 35–36 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. October 25, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 37 of $3,000 into defendant’s account, followed by a withdrawal of $3,000. November 3, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 38 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. November 22, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 39 of $3,710 into defendant’s checking account, followed by a withdrawal of $3,000. December 1, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 40 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. December 18, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 41 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. December 21, 2017 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 41 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. 13 February 2, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 42 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. March 13, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 43–44 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. March 15, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 44 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. April 5, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 45 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. April 18, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 46 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. May 4, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 47 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. May 8, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 47 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. August 7, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 48 of $3,000 into defendant’s checking 14 account, followed by a withdrawal of $3,000. August 23, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 49 of $10,000 into defendant’s checking account, followed by a withdrawal of $10,000. August 25, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 49 of $3,000 into defendant’s checking account, followed by a withdrawal of $8,000. September 14, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 50 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. September 24, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 51 of $3,000 into defendant’s checking account, followed by a withdrawal of $3,000. October 23, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 52 of $4,890 into defendant’s checking account, followed by a withdrawal of $3,000. October 24, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 52 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. October 29, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 52 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. 15 November 5, 2018 Ex. 10 to Salha Bank record from the “Bank-Fund Staff Decl. [Dkt. # 56-13] Federal Credit Union” showing a deposit (SEALED) at 53 of $3,000 into defendant’s checking account, followed immediately by a withdrawal of $3,000. c. Shaalan’s health and memory issues From 2017 through late-2019, Shaalan experienced occasional memory lapses, and in March 2020, he was diagnosed with late-onset Alzheimer’s. DSUMF ¶ 20, citing Salha Decl. ¶¶ 17, 19, 21, 22; Ex. 1 to Reyes Decl. [Dkt. # 57-5] (SEALED) at 14. The parties refer to Shaalan’s mental state frequently in their briefing, and the record contains medical documentation from March 2010 until Shaalan’s death in June 2021. See Ex. 3 to Decl. of Kalman Reyes [Dkt # 57-7] (SEALED). Given the importance of the chronology to resolving the pending motions, that history is set forth below:3 June 27, 2014 Ex. 3 to Reyes Decl. Shaalan’s medical record from the [Dkt. # 57-7] Cleveland Clinic titled “Office Visit in (SEALED) at 21–22 Dermatology” states, “Gen: Well- appearing.” The same day, a medical record titled “Office Visit in Internal Medicine” notes, “General appearance showed medium body build, well- appearing.” May 19, 2015 Ex. 3 to Reyes Decl. Medical record from the Cleveland Clinic [Dkt. # 57-7] titled “Office Visit in Thoracic Clinic” (SEALED) at 20 states that Shaalan is a “very pleasant 87- year-old-man”