Retired Independent Guards Association of Nevada et al. v. Wackenhut Services, Inc. et al.

Filing 168

ORDER Granting 166 Motion for Waiver of Attendant of Insurance Representatives at Settlement Conference. Signed by Magistrate Judge Lawrence R. Leavitt on 9/13/11. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

JACKSON LEWIS LLP
Paul Trimmer
Email: [e-mail]
Nevada Bar # 9291
3960 Howard Hughes Parkway, Suite 450
Las Vegas, NV 89169
Phone: [phone]
Fax: [phone]
René E. Thorne (admitted pro hac vice)
Email: [e-mail]
Louisiana Bar # 22875
Jason M. Stein (admitted pro hac vice)
Email: [e-mail]
Louisiana Bar # 30073
650 Poydras St., Ste. 1900
New Orleans, LA 70130
Phone: [phone]
Fax: [phone]
Ashley Abel (admitted pro hac vice)
Email: [e-mail]
South Carolina Bar # 10097
55 Beattie Place, Suite 800
Greenville, SC 29601
Phone: [phone]
Fax: [phone]
Attorneys for Defendant
Benefits Administration Corporation

16

UNITED STATES DISTRICT COURT

17
DISTRICT OF NEVADA
18
19

RETIRED INDEPENDENT GUARDS
ASSOCIATION OF NEVADA, ET AL

20
21
22
23
24
25
26
27
28
JACKSON LEWIS LLP
LAS VEGAS

Plaintiffs,
v.
BOARD OF TRUSTEES,
INDEPENDENT GUARDS
ASSOCIATION OF NEVADAWACKENHUT SERVICES
INCORPORATED PENSION TRUST
FUND; and

Case No.: 2:08-CV-00849-RLH-LRL
BENEFIT ADMINISTRATION
CORPORATION’S MOTION FOR WAIVER
OF ATTENDANCE OF INSURANCE
REPRESENTATIVES AT SETTLEMENT
CONFERENCE

INDEPENDENT GUARDS
ASSOCIATION OF NEVADA, and
WACKENHUT SERVICES
INCORPORATED,
Defendants.

-1-

1

Defendant, Benefit Administration Corporation (“BAC”), by and through its counsel,

2

Jackson Lewis, LLP, moves, pursuant to this Court’s July 8, 2011 Order [docket no. 154]

3

scheduling a Settlement Conference, for an order excusing the physical attendance at the

4

Settlement Conference of Magali Melendez, insurance representative for Travelers Bonds and

5
Financial Products, and Sheila Glackin, Senior Claim Examiner of Chubb & Son for Federal
6
7

Insurance Company, who provide policies of insurance, including costs of defense and potential

8

indemnity to BAC. Ms. Melendez lives and works in New Jersey and Ms. Glackin lives and

9

works in Connecticut.

10

They are active and participating in this litigation on behalf of the insurers. They also are

11

extremely active in handling other claims files and their physical attendance would disrupt their

12

ability to effectively manage those cases and would require two full days of cross country travel

13
14

with associated expenses, unnecessarily increasing the already significant costs of defense of

15

this litigation. BAC submits that their physical attendance is unnecessary because BAC will

16

have formulated a settlement position prior to the Settlement Conference and they will be

17

available by telephone during the Settlement Conference to modify that position if necessary.

18

Finally, BAC will be personally represented at the Settlement Conference by its President and

19

multiple legal representatives.

20
Additionally, Plaintiffs have failed to tender a demand for settlement at any time during
21
22

this litigation. Moreover, as briefed in its pending Motion for Summary Judgment and further

23

will be discussed in its Confidential Settlement Position Paper due on September 12, 2011,

24

Plaintiffs’ claims against BAC are defective as a matter of law because BAC never served as the

25

plan administrator with legal responsibility for Plaintiffs’ claims, all statutorily required

26

mailings were timely made in accordance with legal requirements, no money damages are

27

recoverable for Plaintiffs’ claims, and Plaintiffs have not and cannot demonstrate bad faith,

28
JACKSON LEWIS LLP
LAS VEGAS

-2-

1

intentional misconduct, prejudice, or any other factor warranting an assessment of discretionary

2

statutory penalties against BAC. These circumstances undercut any argument that BAC or its

3

insurers will be required to provide monetary payment to Plaintiffs to settle this lawsuit.

4

Nonetheless, again, the insurance representatives will be available during the settlement

5
conference via telephone to consider Plaintiffs’ position during the settlement conference.
6
7

This same request has been made by co-defendant, Board of Trustees, Independent

8

Guards Association of Nevada and the Court has granted a waiver for the attendance of the

9

representative for Traveler’s Insurance Company in regard to the insurance policy providing

10

costs of defense and potential indemnity to the Board.

11
12

Respectfully submitted this 12th day of September, 2011.
JACKSON LEWIS LLP

13
/s/ Jason M. Stein
René Thorne (admitted pro hac vice)
Louisiana Bar # 22875
Jason Stein (admitted pro hac vice)
Louisiana Bar # 30073
650 Poydras St., Ste. 1900

14
15
16
17

Paul Trimmer
Nevada Bar # 9291
3960 Howard Hughes Parkway, Suite 450
Las Vegas, NV 89169
New Orleans, LA 70130

18
19
20

Ashley Abel (admitted pro hac vice)
South Carolina Bar # 10097
55 Beattie Place, Suite_800
Greenville, SC 29601

21
22

Attorneys for Defendant,
Benefits Administration Corporation

23
24
25
26
27
28
JACKSON LEWIS LLP
LAS VEGAS

9-13-11
-3-

1
2
3

CERTIFICATE OF SERVICE
I, Jason M. Stein, certify that a true and correct copy of the foregoing has been delivered

4
5
6

via the Court's electronic filing and notice system to the following on the 12th day of
September, 2011:

7

Athan T. Tsimpedes
Law Offices of Athan T. Tsimpedes
1420 New York Ave., NW, 7th Floor
Washington, DC 20005
Phone: [phone]
Fax: [phone]
Email: [e-mail]

8
9
10
11

Larry C. Johns
Law Office of Larry C. Johns
3017 W. Charleston Blvd., #30
Las Vegas, Nevada 89102
Phone: [phone]
Fax: [phone]
Email: [e-mail]

12
13
14
15

Whitney Selert
Fisher & Phillips, LLP
3800 Howard Hughes Pkwy
Suite 950
Las Vegas, NV 89169
Phone: [phone]
Fax: [phone]
Email: [e-mail]

16
17
18
19
20

s/ Jason M. Stein
Jason M. Stein

21
22

4814-8097-6138, v. 1

23
24
25
26
27
28
JACKSON LEWIS LLP
LAS VEGAS

-4-