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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 MILLENIUM DRILLING CO., INC., a Delaware corporation, Case No. 2:12-cv-00462-MMD-CWH ORDER 10 Plaintiff, 11 12 13 14 15 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. 16 17 18 19 20 21 22 23 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. 24 25 During the hearing on Third Party Defendants’ Motion for Partial Summary 26 Judgment, the Court permitted the parties to submit supplemental briefs to respond to 27 three issues. (ECF No. 229.) The Court has reviewed the parties’ supplemental briefs. 28 (ECF Nos. 231, 232.) The Court agrees with Third Party Plaintiffs that it should defer 1 ruling on Third Party Plaintiffs’ claim for the imposition of a constructive trust until after 2 trial on the merits. Third Party Defendants’ request for summary judgment on the 3 constructive trust claim is denied without prejudice. 4 DATED THIS 6th day of May 2016. 5 6 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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