Millennium Drilling Co., Inc. v. House-Meyers et al
ORDER that the judgment entered pursuant to the jury verdict (ECF No. 328 ) is vacated; Clerk directed to enter judgment in favor of Defendants on Plaintiff's claims relating to Falcon; the Hamrick Trust's motion for order of disgo rgement and final judgment (ECF No. 428 ) is granted; Plaintiff must immediately pay the Hamrick Trust $883,512.00, plus interest at the statutory rate from January 17, 2018 until the full amount is paid; Plaintiff's motion for leave to file a notice of supplemental authority (ECF No. 436 ) is denied; Clerk further directed to close this case. Signed by Judge Miranda M. Du on 10/16/2018. (Copies have been distributed pursuant to the NEF - LH)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MILLENNIUM DRILLING CO., INC.,
Case No. 2:12-cv-00462-MMD-CWH
BEVERLY HOUSE-MEYERS, et al.,
In its memorandum disposition, the Ninth Circuit found that this Court erred in
denying Defendants’1 post-judgment Fed. R. Civ. P. 50(b) motion for judgment as a matter
of law on Plaintiff’s claims relating to the Falcon Drilling Partnership (“Falcon”). (ECF No.
434 at 2). Accordingly, the Ninth Circuit “reverse[d] the judgment entered on the jury’s
verdict with regard to Millennium’s claims pertaining to Falcon and remand[ed] for entry
of judgment as a matter of law in Investors’ [Defendants’] favor on these claims.” (Id.)
It is therefore ordered that the judgment entered pursuant to the jury verdict (ECF
No. 328) is vacated. The Clerk is directed to enter judgment in favor of Defendants on
Plaintiff’s claims relating to Falcon.
It is further ordered that the Hamrick Trust’s motion for order of disgorgement and
final judgment (ECF No. 428) is granted. Plaintiff must immediately pay the Hamrick Trust
$883,512.00, plus interest at the statutory rate from January 17, 2018 until the full amount
consist of two groups: (1) the Beverly House-Myers Revocable Trust,
Beverly House-Myers as Trustee of Beverly House-Myers Revocable Trust and Grace
Mae Properties LLC (collectively, the “House-Myers Parties”); and (2) the R&M Hamrick
Family Trust, Robert H. Hamrick as Trustee of the R&M Hamrick Trust, and Molly K.
Hamrick as Trustee of the R&M Hamrick Family Trust (collectively, the “Hamrick Trust”)
It is further ordered that Plaintiff’s motion for leave to file a notice of supplemental
authority (ECF No. 436) is denied. In that motion, Plaintiff attempts to introduce a new
theory as to how the Hamrick Trust defaulted on its obligations to Plaintiff. Plaintiff did not
raise that theory in this case, or on appeal at the Ninth Circuit. It is unrelated to this case,
and accepting argument on that theory would prevent this Court from promptly honoring
the Ninth Circuit’s mandate. If Plaintiff wishes to pursue any claims based on the new
theory raised in its motion, Plaintiff’s recourse may be to file a separate lawsuit.
The Clerk is further directed to close this case.
DATED THIS 16th day of October 2018.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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