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

United States District Court, D. Nevada

January 16, 2018

MILLENNIUM DRILLING CO., INC., a Delaware Corporation, Plaintiffs,
v.
BEVERLY HOUSE-MYERS, BEVERLY HOUSE-MYERS REVOCABLE TRUST, GRACE MAE PROPERTIES, LLC, HAMRICK TRUST, ROBERT H. HAMRICK, MOLLY KAY HAMRICK, TRUSTEES, Defendants MOLLY HAMRICK, BEVERLY HOUSE-MYERS, R&M HAMRICK FAMILY TRUST, Third-Party Plaintiffs,
v.
JONATHAN FELDMAN, MONTCALM, LLC, PATRIOT EXPLORATION COMPANY, LLC, CARTER HENSON, JR., MATTHEW BARNES, ROBERT HOLT, ELIZABETH HOLT, and SCHAIN, LEIFER, GURALNICK, Third-Party Defendants.

          Douglas D. Gerrard, Esq. Nevada Bar No. 4613 John M. Langeveld, Esq. Nevada Bar No. 11628 Gerrard Cox Larsen 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 Attorneys for Millennium Drilling Co., Inc., Jonathan Feldman and Patriot Exploration Company, LLC

          Keith Fleischman, Esq. Fleischman Law Firm PLLC Attorneys for Millennium Drilling Co., Inc., Jonathan Feldman and Patriot Exploration Company, LLC

          STIPULATION AND [PROPOSED] ORDER RE: PARTIAL SATISFACTION OF JUDGMENT

         COMES NOW Defendant R&M Hamrick Family Trust (“Trust”), by and through its attorneys, Gerrard Cox Larsen and Plaintiff, Millennium Drilling Co., Inc. (“Millennium”), by and through its attorneys, Fleischman Law Firm, PLLC and Howard & Howard Attorneys, PLLC and hereby submit their Stipulation and Proposed Order Re: Partial Satisfaction of Judgment, as follows:

         RECITALS

         1. On or about November 22, 2016, a Judgment in a Civil Case was filed in favor of Millennium and against the Trust, in the amount of $1, 411, 300.00 (“Judgment”) [ECF 328];

         2. 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. On or about October 6, 2017, a Claim of Exemption from Execution and Request for Hearing was filed by the Trust [ECF 405], wherein real property owned by the Trust was claimed as exempt, to the extent authorized by law, from Millennium's attempt to execute, identified as follows:

10316 Summit Canyon Drive Las Vegas, NV 89144
(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.

(hereinafter the “Summit Canyon Residence”).

         4. Additionally, the Trust also owns that certain real ...


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