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

Filing 438

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MILLENNIUM DRILLING CO., INC.,

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Plaintiff,

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

v.

ORDER

BEVERLY HOUSE-MEYERS, et al.,

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Defendants.

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In its memorandum disposition, the Ninth Circuit found that this Court erred in

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denying Defendants’1 post-judgment Fed. R. Civ. P. 50(b) motion for judgment as a matter

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of law on Plaintiff’s claims relating to the Falcon Drilling Partnership (“Falcon”). (ECF No.

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434 at 2). Accordingly, the Ninth Circuit “reverse[d] the judgment entered on the jury’s

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verdict with regard to Millennium’s claims pertaining to Falcon and remand[ed] for entry

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of judgment as a matter of law in Investors’ [Defendants’] favor on these claims.” (Id.)

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It is therefore ordered that the judgment entered pursuant to the jury verdict (ECF

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No. 328) is vacated. The Clerk is directed to enter judgment in favor of Defendants on

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Plaintiff’s claims relating to Falcon.

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It is further ordered that the Hamrick Trust’s motion for order of disgorgement and

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final judgment (ECF No. 428) is granted. Plaintiff must immediately pay the Hamrick Trust

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$883,512.00, plus interest at the statutory rate from January 17, 2018 until the full amount

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is paid.

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1Defendants

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”)

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It is further ordered that Plaintiff’s motion for leave to file a notice of supplemental

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authority (ECF No. 436) is denied. In that motion, Plaintiff attempts to introduce a new

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theory as to how the Hamrick Trust defaulted on its obligations to Plaintiff. Plaintiff did not

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raise that theory in this case, or on appeal at the Ninth Circuit. It is unrelated to this case,

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and accepting argument on that theory would prevent this Court from promptly honoring

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the Ninth Circuit’s mandate. If Plaintiff wishes to pursue any claims based on the new

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theory raised in its motion, Plaintiff’s recourse may be to file a separate lawsuit.

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The Clerk is further directed to close this case.

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DATED THIS 16th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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