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

Filing 423

ORDER approving ECF No. 422 Stipulated/Consent Judgment. Signed by Judge Miranda M. Du on 1/16/2018. (Copies have been distributed pursuant to the NEF - KR)

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Douglas D. Gerrard, Esq.
Nevada Bar No. 4613
John M. Langeveld, Esq.
Nevada Bar No. 11628
Gerrard Cox Larsen
2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
Attorneys for R&M Hamrick Family Trust
Robert H. Hamrick, Trustee and Molly
Kay Hamrick, Trustee

Thomas W. Davis, II, Esq.
Nevada Bar No. 2531
Jason P. Weiland, Esq.
Nevada Bar No. 12127
Howard & Howard Attorneys, PLLC
3800 Howard Hughes Parkway, Suite 1000
Las Vegas, NV 89169
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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Keith Fleischman, Esq.
Fleischman Law Firm PLLC
565 Fifth Avenue, 7th Floor
New York, NY 10017
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

GERRARD, COX & LARSEN

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MILLENNIUM DRILLING CO., INC.,
a Delaware Corporation,

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

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Plaintiffs,

Case No.: 2:13-cv-00078-MMD-CWH
(Consolidated Case)

vs.
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BEVERLY HOUSE-MYERS, BEVERLY
HOUSE-MYERS REVOCABLE TRUST,
GRACE MAE PROPERTIES, LLC,
17 HAMRICK TRUST, ROBERT H.
HAMRICK, MOLLY KAY HAMRICK,
18 TRUSTEES,
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STIPULATION AND [PROPOSED]
ORDER RE: PARTIAL SATISFACTION
OF JUDGMENT

Defendants
____________________________________

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MOLLY HAMRICK, BEVERLY HOUSEMYERS, R&M HAMRICK FAMILY
TRUST,

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Third-Party Plaintiffs,
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vs.

JONATHAN FELDMAN, MONTCALM,
LLC, PATRIOT EXPLORATION
25 COMPANY, LLC, CARTER HENSON, JR.,
MATTHEW BARNES, ROBERT HOLT,
26 ELIZABETH HOLT, and SCHAIN, LEIFER,
GURALNICK,
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Third-Party Defendants.
____________________________________
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COMES NOW Defendant R&M Hamrick Family Trust (“Trust”), by and through its

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attorneys, Gerrard Cox Larsen and Plaintiff, Millennium Drilling Co., Inc. (“Millennium”), by and

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through its attorneys, Fleischman Law Firm, PLLC and Howard & Howard Attorneys, PLLC and

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hereby submit their Stipulation and Proposed Order Re: Partial Satisfaction of Judgment, as follows:

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RECITALS
1.

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Millennium and against the Trust, in the amount of $1,411,300.00 (“Judgment”) [ECF 328];
2.

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

GERRARD, COX & LARSEN

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On or about November 22, 2016, a Judgment in a Civil Case was filed in favor of

On or about July 6, 2017, a Writ of Execution was issued out of the United States

District Court for the District of Nevada, as requested by Millennium, seeking to execute on real
property owned by the Trust;
3.

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On or about October 6, 2017, a Claim of Exemption from Execution and Request for

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Hearing was filed by the Trust [ECF 405], wherein real property owned by the Trust was claimed as

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exempt, to the extent authorized by law, from Millennium’s attempt to execute, identified as

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follows:

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10316 Summit Canyon Drive
Las Vegas, NV 89144

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(APN: 137-36-615-016)1
LOT 16 IN BLOCK 1 OF STAR CANYON AS SHOWN BY MAP
THEREOF ON FILE IN BOOK 81 OF PLATS, PAGE 29 IN THE
OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA.

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(hereinafter the “Summit Canyon Residence”).

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4.

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541 East Bear Flat Avenue
Brian Head, UT 84719

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(APN: A-1217-000A-0018)

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ALL OF LOT EIGHTEEN (18), BLOCK A, SUNSET MOUNTAIN
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT
THEREOF, ON FILE IN THE OFFICE OF THE RECORDER OF
IRON COUNTY, STATE OF UTAH.

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Additionally, the Trust also owns that certain real property, identified as follows:

(hereinafter the “Cabin Property”).

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This property is subject to a Declaration of Homestead recorded on April 4, 2013, as Inst #
201304040001296, in the Official Records of Clark County, Nevada.

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5.

As partial satisfaction of the Judgment, Robert and Molly Hamrick will, within three

be paid to Millennium from non-Trust assets, the sum of Eight Hundred Eighty Three Thousand

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Five Hundred Twelve Dollars ($883,512.00) (“Partial Satisfaction Payment”), in exchange for

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which the Summit Canyon Residence and the Cabin Property shall become permanently exempt

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from any further execution arising out of (i) the Judgment, (ii) any amendments or modifications to

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the Judgment, (iii) any further orders in this matter awarding attorneys’ fees or costs, or (iv) any

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orders or judgments from any other court or from any other proceeding arising out of the matters

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and obligations which were the subject of the above referenced Consolidated Case. This Stipulation

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

(3) calendar days following the Court’s entry of the Order accompanying this Stipulation, cause to

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GERRARD, COX & LARSEN

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and Order shall act as a complete and permanent release by Millennium, including its assignees,

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successors-in-interest, and any and all others (entity or individual) claiming through Millennium or

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its assignees and successors, of any rights to seek recovery of any claims, liabilities, judgments or

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orders arising out of any matters litigated in the above referenced Consolidated Case from the real

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property identified in paragraphs 3 and 4 (jointly “Real Property”);

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6.

Upon payment of the Partial Satisfaction Payment to Millennium, any and all

processes initiated by Millennium to execute against the Real Property shall be withdrawn and
stricken, and any further collection efforts against the Real Property by reason of the (i) the
Judgment, (ii) any amendments or modifications to the Judgment, (iii) any further orders in this
matter awarding attorneys’ fees or costs, or (iv) any orders or judgments from any other court or
from any other proceeding arising out of the matters and obligations which were the subject of the
above referenced Consolidated Case, are precluded and barred.
7.

The Partial Satisfaction Payment is subject to full or partial disgorgement in the event

that Millennium’s Judgment against the Trust is fully or partially reversed by the Ninth Circuit
Court of Appeals (Case No. 16-17332).

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8.

Except as set forth in this Stipulation, nothing shall otherwise affect, modify, alter,

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eliminate or impact Millennium’s right to enforce the Judgment and execute against any other assets
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of the Trust or Robert or Molly Hamrick, or the Trust’s or Robert or Molly Hamrick’s defenses to
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any such actions. Furthermore, nothing in this Stipulation shall constitute any admission or
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concession by Robert or Molly Hamrick that assets not held by the Trust are available for execution
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and satisfaction of the Judgment, or any admission or concession by Millennium that such assets

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may not be properly executed upon in satisfaction of the Judgment.

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It is so stipulated.

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Dated this 12th day of January, 2018.

Dated this 12th day of January, 2018.

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Gerrard Cox Larsen

Howard & Howard Attorneys PLLC

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/s/ Douglas D. Gerrard, Esq.
Douglas D. Gerrard, Esq.
Nevada Bar No. 4613
John M. Langeveld, Esq.
Nevada Bar No. 11628
2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
Attorneys for R&M Hamrick Family Trust
Robert H. Hamrick, Trustee and Molly
Kay Hamrick, Trustee

/s/ Jason P. Weiland, Esq.
Thomas W. Davis, II, Esq.
Nevada Bar No. 2531
Jason P. Weiland, Esq.
Nevada Bar No. 12127
3800 Howard Hughes Parkway, Suite 1000
Las Vegas, NV 89169
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

GERRARD, COX & LARSEN

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Dated this 12th day of January, 2018.

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Fleischman Law Firm PLLC
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/s/ Keith Fleischman, Esq.
Keith Fleischman, Esq.
565 Fifth Avenue, 7th Floor
New York, NY 10017
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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[RDER

IT IS HEREBY ORDERED, as partial satisfaction of the November 22, 2016 judgment

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(“Judgment”) filed in favor of Millennium Drilling Co., Inc. (“Millennium”) and against the R&M

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Hamrick Family Trust (“Trust”), in the amount of $1,411,300.00 Judgment, that Robert and Molly

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Hamrick will, no later than three (3) calendar days from the entry of this Order, cause to be paid to

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Millennium from non-Trust assets, the sum of Eight Hundred Eighty Three Thousand Five Hundred

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Twelve Dollars ($883,512.00) (the “Partial Satisfaction Payment”), in exchange for which the

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Summit Canyon Residence and the Cabin Property, as those terms are defined in the Stipulation and

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

Upon consideration of the parties’ Stipulation and the entire record of this case:

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GERRARD, COX & LARSEN

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referred to herein collectively as the “Real Property”, shall become permanently exempt from any

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further execution arising out of (i) the Judgment, (ii) any amendments or modifications to the

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Judgment, (iii) any further orders in this matter awarding attorneys’ fees or costs, or (iv) any orders

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or judgments from any other court or from any other proceeding arising out of the matters and

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obligations which were the subject of the above referenced Consolidated Case. This Stipulation and

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Order shall act as a complete and permanent release by Millennium, including its assignees,

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successors-in-interest, and any and all others (entity or individual) claiming through Millennium or
its assignees and successors, of any rights to seek recovery of any claims, liabilities, judgments or
orders arising out of any matters litigated in the above referenced Consolidated Case from the Real
Property identified in paragraphs 3 and 4 of the Stipulation.
IT IS FURTHER ORDERED that upon payment of the Partial Satisfaction Payment to
Millennium, any and all processes initiated by Millennium to execute against the Real Property shall
be withdrawn and stricken, and any further collection efforts against the Real Property by reason of
the (i) the Judgment, (ii) any amendments or modifications to the Judgment, (iii) any further orders
in this matter awarding attorneys’ fees or costs, or (iv) any orders or judgments from any other court

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or from any other proceeding arising out of the matters and obligations which were the subject of
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the above referenced Consolidated Case, are precluded and barred. Except as set forth in this
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Stipulation and Order, nothing shall otherwise affect, modify, alter, eliminate or impact
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Millennium’s rights to enforce the Judgment and execute against any other assets of the Trust or
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Robert or Molly Hamrick, or the Trust’s or Robert or Molly Hamrick’s defenses to any such actions.
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Furthermore, nothing in this Stipulation and Order shall constitute any admission or concession by

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Robert or Molly Hamrick that assets not held by the Trust are available for execution and

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satisfaction of the Judgment, or any admission or concession by Millennium that such assets may

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not be properly executed upon in satisfaction of the Judgment.

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IT IS FURTHER ORDERED, in the event that Millennium’s Judgment against the Trust is

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fully or partially reversed by the Ninth Circuit Court of Appeals (Case No. 16-17332), the Partial

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Satisfaction Payment shall be subject to full or partial disgorgement.
IT IS SO ORDERED.

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Dated: January 16, 2018

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2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
O:[phone] F:(702)796-47848

GERRARD, COX & LARSEN

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United States District Judge
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Respectfully submitted by:

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Gerrard Cox Larsen

Howard & Howard Attorneys PLLC

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/s/ Douglas D. Gerrard, Esq.
Douglas D. Gerrard, Esq.
Nevada Bar No. 4613
John M. Langeveld, Esq.
Nevada Bar No. 11628
2450 St. Rose Parkway, Suite 200
Henderson, NV 89074
Attorneys for R&M Hamrick Family Trust
Robert H. Hamrick, Trustee and Molly
Kay Hamrick, Trustee

/s/ Jason P. Weiland, II, Esq.
Thomas W. Davis, II, Esq.
Nevada Bar No. 2531
Jason P. Weiland, Esq.
Nevada Bar No. 12127
3800 Howard Hughes Parkway, Suite 1000
Las Vegas, NV 89169
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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Fleischman Law Firm PLLC

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/s/ Keith Fleischman, Esq.
Keith Fleischman, Esq.
565 Fifth Avenue, 7th Floor
New York, NY 10017
Attorneys for Millennium Drilling Co., Inc.,
Jonathan Feldman and Patriot Exploration
Company, LLC

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