Ortiz v. Silver State Ford

Filing 48

ORDER Granting 47 Defendant's Motion for Waiver of Attendance of Insurance Representative at Settlement Conference. Insurance representative for HARCO insurance, Mr. Gary Kopacz, shall be available by telephone for the duration of the settlement conference scheduled for 10/13/11, at 1:30 p.m. Signed by Magistrate Judge Peggy A. Leen on 9/15/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE J. ORTIZ,

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Plaintiff,
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vs.
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SILVER STATE FORD,
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Defendant.
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__________________________________________)

Case No. 2:09-cv-01795-GMN-PAL
ORDER
(Mot for Waiver of Attendance - Dkt. #47)

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Before the court is Defendant’s Motion for Waiver of Attendance of Insurance Representative at

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Settlement Conference (Dkt. #47) filed August 15, 2011. Defendant represents one or more

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representatives from Gaudin Ford, which is partially responsible for payment of any settlement

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proceeds will be present and that the insurance representative resides out of state, is the sole person

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responsible for handling employment discrimination claims for the company, and that attending the

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settlement conference would require two days travel. Defendant also represents that Defendant will

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have a settlement position formulated before the settlement conference. Plaintiff did not file an

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opposition.

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The court’s standard order scheduling settlement conferences requires the personal attendance

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of individual parties, and individuals with settlement authority, including insurance company

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representatives because settlement conferences in this district are mandatory, and rarely productive

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without the physical participation of all concerned. However, the court will grant Defendant’s request

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for an exception to the personal attendance requirement for the insurance carrier’s representative with

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settlement authority imposing the requirement that the representative shall be fully informed about the

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case, prepared to discuss his settlement position, and available to participate telephonically for the

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duration of the conference.

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IT IS ORDERED that:

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1.

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Defendant’s Motion for Waiver of Attendance of Insurance Representative at Settlement
Conference (Dkt. #47) is GRANTED.

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The insurance representative for HARCO insurance, Mr. Gary Kopacz, shall be available

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by telephone for the duration of the settlement conference scheduled for October 13,

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2011, at 1:30 p.m.

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Dated this 15th day of September, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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