Chudacoff v. University Medical Center Of Southern Nevada et al

Filing 328

ORDER that a Show Cause Hearing is set for 12/7/2011 08:00 AM in LV Courtroom 3D before Magistrate Judge Robert J. Johnston re 316 Order. Plaintiff shall file an affidavit of fees and costs by 12/2/2011. Responses to the Affidavit of Fees and cost s shall be filed by 12/5/2011. A Settlement Conference is set for 12/7/2011 immediately following the show cause hearing in the ADR Suite. Signed by Magistrate Judge Robert J. Johnston on 12/1/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD M. CHUDACOFF, M.D.,

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Plaintiff,

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vs.

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UNIVERSITY MEDICAL CENTER OF
OF SOUTHERN NEVADA, etc., et al.,

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Defendant,
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2:08-CV-863-ECR-RJJ

ORDER

This matter came before the Court on November 17, 2011, for a settlement conference.

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Plaintiff, Richard Chudacoff, MD, was present and represented by Jacob L. Hafter, Esq. and

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Michael K. Naethe, Esq. of the Law Office of Jacob Hafter & Associates. Defendant University

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Medical Center was represented by Lynn M. Hansen, Esq. of Jimmerson Hansen, P.C. and

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Heather S. Hall, Esq. Of Mandelbaum Schwartz Ellerton & McBride. Also present for Defendant

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UMC was George Stevens, CFO and Angela Darragh, Director of Rick Management UMC.

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Defendants, John Ellerton, MD; Marvin Bernstein MD; and Dale Carrison MD were present and

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along with Defendant Medical and Dental Staff of UMC, were represented by Kim Irene

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Mandelbaum, Esq. of Mandelbaum, Schwarz, Ellerton & McBride.

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The parties met and conferred however no settlement was reached. Further, the Court

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notes that contrary to the Court’s Order Scheduling Settlement Conference (#316), insurance

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carrier Chartis, did not have a representative present at the settlement conference held on

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November 17, 2011. Good cause appearing therefore,

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IT IS HEREBY ORDERED that on December 7, 2011, at 8:00 AM, a representative of

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insurance carrier, Chartis shall appear before the undersigned Magistrate Judge and show cause,

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if any they have, why they should not be sanctioned for their failure to comply with the Court’s

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Order (#316).

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IT IS FURTHER ORDERED that on or before December 2, 2011, Plaintiff shall file an
affidavit of fees and costs related to the settlement conference held on November 17, 2011.
IT IS FURTHER ORDERED that any response to said affidavit of fees and cost shall be
filed on or before December 5, 2011.
IT IS HEREBY ORDERED that a second settlement conference shall immediately
follow the Show Cause hearing on Dec. 7, 2011, and shall be held in the ADR Suite, Lloyd D.
George United States Courthouse, 333 Las Vegas Blvd. So., Las Vegas, Nevada.

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All counsel of record who will be participating in the trial of this case, all parties

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appearing pro se, if any, and all individual parties must be present. No exceptions are made

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to this requirement.

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IT IS FURTHER ORDERED that in the case of non-individual parties, counsel shall

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arrange for a representative, with binding authority to settle this matter up to the full amount of

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the claim, to be present in Court for the duration of the settlement conference. No exceptions are

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made to this requirement.

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IT IS FURTHER ORDERED that if either party is subject to coverage by an insurance

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carrier, then a representative of the insurance carrier, with authority to settle this matter up to the

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full amount of the claim, must also be present in Court for the duration of the settlement

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conference. No exceptions are made to this requirement.

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IT IS FURTHER ORDERED that the parties shall have available at the settlement

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conference all exhibits intended for use in the trial of this case. Settlement conference briefs

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are not required by the Court.

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DATED this 1st

day of December, 2011.

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ROBERT J. JOHNSTON
United States Magistrate Judge
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