Millennium Drilling Co., Inc. v. House-Meyers et al

Filing 241

ORDER deferring ruling on Third Party Plaintiffs' claim for imposition of a constructive trust until after trial on the merits; denying without prejudice Third Party Defendants' request for summary judgment on the constructive trust claim. Signed by Judge Miranda M. Du on 5/6/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MILLENIUM DRILLING CO., INC., a
Delaware corporation,

Case No. 2:12-cv-00462-MMD-CWH
ORDER

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Plaintiff,
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v.
BEVERLY HOUSE-MEYERS REVOCABLE
TRUST, et al., BEVERLY HOUSEMEYERS, TRUSTEE; GRACE MAE
PROPERTIES, LLC; HAMRICK TRUST,
ROBERT H. HAMRICK AND MOLLY KAY
HAMRICK, TRUSTEES; DOES I through X;
and ROES I through X,
Defendants.

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MOLLY HAMRICK, BEVERLY HOUSEMEYERS, R&M HAMRICK FAMILY TRUST,
Third-Party Plaintiffs,
v.
JONATHAN FELDMAN, MONTCALM, LLC,
PATRIOT EXPLORATION COMPANY, LLC,
CARTER HENSON, JR., MATTHEW
BARNES, ROBERT HOLT, ELIZABETH
HOLD, and SCHAIN, LEIFER, GURALNICK,
Third-Party Defendants.

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During the hearing on Third Party Defendants’ Motion for Partial Summary

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Judgment, the Court permitted the parties to submit supplemental briefs to respond to

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three issues. (ECF No. 229.) The Court has reviewed the parties’ supplemental briefs.

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(ECF Nos. 231, 232.) The Court agrees with Third Party Plaintiffs that it should defer

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ruling on Third Party Plaintiffs’ claim for the imposition of a constructive trust until after

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trial on the merits. Third Party Defendants’ request for summary judgment on the

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constructive trust claim is denied without prejudice.

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DATED THIS 6th day of May 2016.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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