Morningstar et al v. Jianping et al

Filing 154

ORDER Denying without prejudice 144 Plaintiff's Motion for Constructive Trust. Signed by Judge Kent J. Dawson on 12/10/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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M. AILEEN MORNINGSTAR, et al.,

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Plaintiffs,

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v.

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Case No. 2:13-CV-00427-KJD-GWF

QIU JIANPING, et al.,

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ORDER

Defendants.

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Before the Court is Plaintiff M. Aileen Morningstar et al.’s Motion for Constructive Trust
(#144). Defendants opposed (#147) and Plaintiffs replied (#148).

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Plaintiffs acknowledge that they

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fully appreciate that if the Nevada District Court grants preliminary approval of the
proposed settlement in [the related] action, and if the Nevada District Court overrules
Plaintiffs’ objections to that illusory settlement, and if the Nevada District Court
grants final approval of that settlement, Plaintiffs [sic] claims on behalf of RINO in
this Action will be released.

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(#96; 10:17-21).
The Court granted final approval of the settlement in 2:10-CV-02209-KJD-GWF on

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August 9, 2013 (#163). Accordingly, but in an abundance of caution, the Court HEREBY

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DENIES Plaintiff’s Motion for Constructive Trust (#144) without prejudice.

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DATED this 10th day of December 2013.

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_____________________________
Kent J. Dawson
United States District Judge