WHEELING — Ohio Circuit Judge Jason Cuomo granted an order to enforce a settlement agreement in a 2017 case involving a former advisor to President Donald Trump.
Cuomo found that Healy Baumgardner Nardone's renewed motion to enforce the settlement and her petition to appoint a successor trustee were both meritorious. His order, signed May 11, removes Paul Harris as the trustee.
"The Nardone Family Trust and Emil Nardone shall forthwith comply with all information and document requests made by the Appraiser necessary for the valuation, marketing and sale of the property, including the hiring of a surface realtor and surface appraiser (the latter to be paid by the Trust)," Cuomo wrote in the order filed in Ohio Circuit Court. "The Trust shall forthwith pay to Respondent her March, April and May 2022 royalty payments."
Cuomo also found that beginning with the June royalty payment, the lessor, XTO, shall directly pay Baumgardner her monthly one-half royalty payments and not make her payment to the trust.
Cuomo also appointed Patrick J. McDermott as success trustee for the trust.
On May 3, the Nardone Family Trust filed a response to Baumgardner’s renewed motions to enforce the settlement agreement and remove Harris as the trustee.
The parties' settlement agreement provides that Baumgardner was to select the appraiser for the real property in Belmont County, Ohio, but, according to the response, she still had not as of May 3.
Harris resigned as trustee effective May 3, saying the resignation was necessary as he will be a material witness in subsequent litigation, according to the response.
The response also states that Baumgardner received her portions of the royalty payments per the settlement agreement and that her name has been listed on the cashier's check because that is her legal name.
Harris has 30 days to turn over all documents and information related to the trust, such as bank accounts, check history and cancelled checks.
Baumgardner advised Trump during his 2016 presidential campaign, and she previously worked on Rudy Guiliani’s 2008 presidential campaign. She is being represented by attorney Mike Kelly in this case.
Ohio Circuit Court case number: 17-C-95