Sierra Development Company v. Chartwell Advisory Group Ltd.

Filing 623

ORDER denying Counterclaim Defendants' ECF No. 617 Joint Motion for Clarification. Signed by District Judge Roger T. Benitez on 3/1/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SIERRA DEVELOPMENT CO.
Plaintiff,
vs.
CHARTWELL ADVISORY GROUP,
LTD.

CASE NO. 13cv602 BEN (VPC)
ORDER DENYING
COUNTERCLAIM DEFENDANTS’
JOINT MOTION TO CLARIFY
ORDER
[Dkt. # 617]

Defendant.
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CHARTWELL ADVISORY GROUP,
LTD.

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Counterclaimant,

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vs.

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SIERRA DEVELOPMENT CO., et
al.,

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Counterdefendants.

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Counterclaim Defendants jointly move for clarification of the order dated

27 January 13, 2017. The motion is denied.
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The Court issued rulings on several motions for summary judgment. As a
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1 result, at trial Counterclaim Plaintiff Chartwell may pursue breach of contract
2 claims for fees owed on tax refunds or refund credits actually received in amounts
3 certain. Chartwell may also pursue unjust enrichment claims for fees from potential
4 tax refunds pursued, but waived, abandoned, or exchanged for settling litigation
5 with the State of Nevada and obtaining tax moratorium relief. This needs no
6 clarification. The Counterclaim Defendants’ arguments now about the doctrine of
7 election of remedies requiring some different result is not the proper subject of a
8 motion for clarification and appears to lack merit.
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The motion for clarification is denied.
IT IS SO ORDERED.

11 DATED: March 1, 2017
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Hon. Roger T. Benitez
United States District Judge

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