Retired Independent Guards Association of Nevada et al. v. Wackenhut Services, Inc. et al.
Filing
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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)
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JACKSON LEWIS LLP
Paul Trimmer
Email: trimmerp@jacksonlewis.com
Nevada Bar # 9291
3960 Howard Hughes Parkway, Suite 450
Las Vegas, NV 89169
Phone: 702.921.2460
Fax: 702.921.2461
René E. Thorne (admitted pro hac vice)
Email: thorner@jacksonlewis.com
Louisiana Bar # 22875
Jason M. Stein (admitted pro hac vice)
Email: steinj@jacksonlewis.com
Louisiana Bar # 30073
650 Poydras St., Ste. 1900
New Orleans, LA 70130
Phone: 504.208.1755
Fax: 504.208.1759
Ashley Abel (admitted pro hac vice)
Email: abela@jacksonlewis.com
South Carolina Bar # 10097
55 Beattie Place, Suite 800
Greenville, SC 29601
Phone: (864) 232-7000
Fax: (864) 235-1381
Attorneys for Defendant
Benefits Administration Corporation
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RETIRED INDEPENDENT GUARDS
ASSOCIATION OF NEVADA, ET AL
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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.
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Defendant, Benefit Administration Corporation (“BAC”), by and through its counsel,
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Jackson Lewis, LLP, moves, pursuant to this Court’s July 8, 2011 Order [docket no. 154]
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scheduling a Settlement Conference, for an order excusing the physical attendance at the
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Settlement Conference of Magali Melendez, insurance representative for Travelers Bonds and
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Financial Products, and Sheila Glackin, Senior Claim Examiner of Chubb & Son for Federal
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Insurance Company, who provide policies of insurance, including costs of defense and potential
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indemnity to BAC. Ms. Melendez lives and works in New Jersey and Ms. Glackin lives and
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works in Connecticut.
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They are active and participating in this litigation on behalf of the insurers. They also are
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extremely active in handling other claims files and their physical attendance would disrupt their
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ability to effectively manage those cases and would require two full days of cross country travel
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with associated expenses, unnecessarily increasing the already significant costs of defense of
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this litigation. BAC submits that their physical attendance is unnecessary because BAC will
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have formulated a settlement position prior to the Settlement Conference and they will be
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available by telephone during the Settlement Conference to modify that position if necessary.
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Finally, BAC will be personally represented at the Settlement Conference by its President and
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multiple legal representatives.
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Additionally, Plaintiffs have failed to tender a demand for settlement at any time during
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this litigation. Moreover, as briefed in its pending Motion for Summary Judgment and further
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will be discussed in its Confidential Settlement Position Paper due on September 12, 2011,
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Plaintiffs’ claims against BAC are defective as a matter of law because BAC never served as the
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plan administrator with legal responsibility for Plaintiffs’ claims, all statutorily required
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mailings were timely made in accordance with legal requirements, no money damages are
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recoverable for Plaintiffs’ claims, and Plaintiffs have not and cannot demonstrate bad faith,
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JACKSON LEWIS LLP
LAS VEGAS
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intentional misconduct, prejudice, or any other factor warranting an assessment of discretionary
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statutory penalties against BAC. These circumstances undercut any argument that BAC or its
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insurers will be required to provide monetary payment to Plaintiffs to settle this lawsuit.
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Nonetheless, again, the insurance representatives will be available during the settlement
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conference via telephone to consider Plaintiffs’ position during the settlement conference.
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This same request has been made by co-defendant, Board of Trustees, Independent
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Guards Association of Nevada and the Court has granted a waiver for the attendance of the
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representative for Traveler’s Insurance Company in regard to the insurance policy providing
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costs of defense and potential indemnity to the Board.
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Respectfully submitted this 12th day of September, 2011.
JACKSON LEWIS LLP
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/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
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Paul Trimmer
Nevada Bar # 9291
3960 Howard Hughes Parkway, Suite 450
Las Vegas, NV 89169
New Orleans, LA 70130
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Ashley Abel (admitted pro hac vice)
South Carolina Bar # 10097
55 Beattie Place, Suite_800
Greenville, SC 29601
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Attorneys for Defendant,
Benefits Administration Corporation
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JACKSON LEWIS LLP
LAS VEGAS
9-13-11
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CERTIFICATE OF SERVICE
I, Jason M. Stein, certify that a true and correct copy of the foregoing has been delivered
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via the Court's electronic filing and notice system to the following on the 12th day of
September, 2011:
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Athan T. Tsimpedes
Law Offices of Athan T. Tsimpedes
1420 New York Ave., NW, 7th Floor
Washington, DC 20005
Phone: 202-638-2100
Fax: 202-449-3499
Email: atsimpedes@comcast.net
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Larry C. Johns
Law Office of Larry C. Johns
3017 W. Charleston Blvd., #30
Las Vegas, Nevada 89102
Phone: 702-387-5003
Fax: 702-387-5018
Email: lcjohns100@embarqmail.com
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Whitney Selert
Fisher & Phillips, LLP
3800 Howard Hughes Pkwy
Suite 950
Las Vegas, NV 89169
Phone: 702-252-3131
Fax: 702-252-7411
Email: smahoney@laborlawyers.com
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s/ Jason M. Stein
Jason M. Stein
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4814-8097-6138, v. 1
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JACKSON LEWIS LLP
LAS VEGAS
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