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)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 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: 202-638-2100 Fax: 202-449-3499 Email: atsimpedes@comcast.net 8 9 10 11 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 12 13 14 15 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 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-

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