The R.J. Armstrong Living Trust v. Holmes

[1] 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 THE R.J. ARMSTRONG LIVING TRUST Case No. 3:22-cv-00375-ART-CSD and DAVID C. ARMSTRONG, 5 ORDER ON MOTION TO DISMISS; Plaintiffs, MOTION FOR SUMMARY JUDGMENT 6 v. (ECF Nos. 115, 117, 124) 7 SUSAN HELEN ARMSTRONG HOLMES, [8] Defendant. [9] 10 This case concerns a dispute over a non-disparagement clause in a 11 settlement agreement. The Court previously granted summary judgment to both 12 parties for various claims. (See ECF No. 141.) In that order, the Court instructed 13 the parties to meet and confer before briefing the Court on how to proceed to the 14 damages phase of this case. (Id.) 15 Both parties briefed the Court requesting an injunction and a damages 16 phase involving petitions for attorney’s fees. (ECF Nos. 147, 148.) 17 The Court declines to enter an injunction. See Comm'n on Ethics v. Hardy, [18] 212 P.3d 1098, 1103 (Nev. 2009) (“decision of whether to grant a permanent 19 injunction rests in the district court's sound discretion”). “Permanent injunctive 20 relief may only be granted if there is no adequate remedy at law, a balancing of 21 equities favors the moving party, and success on the merits is demonstrated.” 22 Chateau Vegas Wine, Inc. v. S. Wine & Spirits of Am., Inc., 265 P.3d 680, 684 (Nev. 23 2011), as corrected on denial of reh'g (Apr. 17, 2012). Based on briefing available 24 from the summary judgment motions, the Court finds that attorneys’ fees will 25 sufficiently compensate victims and deter future wrongdoing. 26 Next, the Court finds that based on the summary judgment motion, the 27 damages required under the terms of the contract are payment to 28 Defendant/Counterclaimant Susan of $650,000. (See ECF No. 141 at 15–16.) 1 || Additionally, both parties are owed attorneys’ fees. The Court instructs the 2 || parties to jointly propose a briefing schedule for their relevant fee petitions within 3 || 30 days of this order. 4 CONCLUSION 5 Accordingly, The Court orders that David pay Susan $650,000 in contract 6 || damages. (See ECF No. 141 at 15.) 7 The Court declines to enter an injunction for either party. 8 The Court orders the parties to jointly propose a briefing schedule for their 9 || fee petitions within thirty days. [10] 11 DATED THIS 21st day of August 2025. 12 dan 13 Free / 14 UNITED STATES DISTRICT JUDGE