Transamerica Life Insurance Company v. Gadson et al

Filing 32

ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's 30 Motion to be Excused from Settlement Conference or the Alternative, for Permission to have Representative Participate Telephonically.--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRANSAMERICA LIFE
INSURANCE COMPANY,
Plaintiff,

Case No. 4:16-cv-10791
Judge Linda V. Parker
Magistrate Judge Anthony P. Patti

v.
JANICE E. GADSON,
JELISA J. GADSON,
RICARDO L. WILSON and
THE ESTATE OF JOHNNY
LENARD GADSON,
Defendants.
_________________________/
ORDER GRANTING IN PART and DENYING IN PART PLAINTIFF’S
MOTION (DE 30) and PERMITTING BOTH PLAINTIFF’S CORPORATE
REPRESENTATIVE and DEFENDANT RICARDO L. WILSON TO
PARTICIPATE TELEPHONICALLY
Plaintiff filed this complaint in interpleader against four defendants: (1) the
Estate of Johnny Lenard Gadson (“the insured”), (2) Janice E. Gadson, (3) Jelisa J.
Gadson and (4) Ricardo L. Wilson. (DE 1.) Jelisa J. Gadson and the Estate of
Johnny Lenard Gadson have filed a counter-complaint against Transamerica and a
cross-complaint against Wilson. (DE 10.) On July 13, 2016, Judge Parker entered
an order (DE 29) granting Transamerica’s motion for default judgment as to Janice
Gadson (DE 25). Thus, only three (3) defendants remain in this case.

Judge Parker has referred this case to me to conduct a settlement conference,
which has been noticed for August 25, 2016. (DEs 19, 26.) Currently before the
Court is Transamerica’s July 28, 2016 motion to have its corporate representative
excused from the settlement conference, or, in the alternative, for permission to
have its representative participate telephonically. (DE 30.) Judge Parker has
referred this motion to me for hearing and determination. (DE 31.)
On August 1, 2016, my courtroom deputy called Defendant Wilson, who is
representing himself, and he did not have any objection to Transamerica’s
corporate representative participating telephonically. Moreover, on the same date,
the Court was informed via email by both counsel for Transamerica (Moheeb H.
Murray) and counsel for Jelisa J. Gadson and the Estate of Johnny Lenard Gadson
(Andrew J. Black) that they do not object to Mr. Wilson participating by phone, as
he lives out-of-state.
Accordingly, Transamerica’s July 28, 2016 motion (DE 30) is DENIED to
the extent it seeks to be excused from having its corporate representative
participate in the settlement conference but is GRANTED to the extent it seeks
permission for its corporate representative to participate, as needed, telephonically.
Specifically, Transamerica’s corporate representative SHALL be available by
telephone from the settlement conference’s inception (currently scheduled for
August 25, 2016 at 10 a.m.) through its duration, although he or she need not

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actually participate unless and until the Court requires it. Transamerica’s legal
counsel SHALL still appear in person.
Additionally, Defendant Wilson is PERMITTED to and SHALL
participate by phone from the beginning of the settlement conference (currently
scheduled for August 25, 2016 at 10 a.m.) and throughout the course of the
conference, as needed. Furthermore, Defendant Wilson SHALL inform the Court,
in writing, if the telephone number at which he will be available is anything other
than his current telephone number of record (334-233-6154).
Finally, the parties’ attention is DIRECTED to my practice guidelines on
settlement conferences, which are available online at www.mied.uscourts.gov.
IT IS SO ORDERED.

Dated: August 3, 2016

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the document was sent to parties of record on
August 3, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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