Ortiz v. Silver State Ford

Filing 67

ORDER granting 65 Motion for Waiver of Attendance of Insurance Representative at Settlement Conference. Signed by Magistrate Judge Peggy A. Leen on 2/6/12. (Copies have been distributed pursuant to the NEF - ECS)

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FISHER & PHILLIPS LLP
SCOTT M. MAHONEY, ESQ.
Nevada Bar No. 1099
3800 Howard Hughes Parkway
Suite 950
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JOSE J. ORTIZ,

FISHER & PHILLIPS LLP

3800 Howard Hughes Parkway, Suite 950
Las Vegas, Nevada 89169

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Plaintiff,
v.

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SILVER STATE FORD, a Nevada
Corporation d/b/a GAUDIN
FORD PORSCHE

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Defendants.

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Case No. 2:09-cv-01795-RCJ-PAL
MOTION FOR WAIVER OF
ATTENDANCE OF INSURANCE
REPRESENTATIVE AT
SETTLEMENT CONFERENCE

Defendant, Silver State Ford d/b/a Gaudin Ford Porsche, by and through its
counsel, FISHER & PHILLIPS LLP, hereby moves this Court, pursuant to the Order
Scheduling a Settlement Conference filed January 20, 2012, for an order excusing the
physical attendance at the Settlement Conference of Gary Kopacz, the insurance
representative for HARCO insurance, who resides in Illinois. Physical attendance
would likely result in two days of travel and associated expense, which is unnecessary
because Defendant will have a settlement position formulated before the Settlement
Conference, Mr. Kopacz would be available during the Settlement Conference by
telephone as needed, and one or more representatives from Gaudin Ford (which would
be partially responsible for any payment) will be physically present. Mr. Kopacz is
the sole person at HARCO assigned to handling employment discrimination claims
LasVegas 92523.1

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such that this matter cannot be delegated to another HARCO representative in closer

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physical proximity to Las Vegas. (The only person who occasionally acts in Mr.

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Kopacz’s stead on claims of this nature is his superior, who also is in Illinois).

regarding the October 13, 2011 Settlement Conference (docket #48), and what

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Defendant contends was a settlement between the parties was reached despite Mr.

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Kopacz’s lack of personal attendance. If Judge Navarro declines to enforce this

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settlement prior to this Settlement Conference, Defendant and Mr. Kopacz should not

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FISHER & PHILLIPS LLP

It should be noted a previous attendance waiver for Mr. Kopacz was granted

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3800 Howard Hughes Parkway, Suite 950
Las Vegas, Nevada 89169

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be penalized in the form of having to make a personal appearance as a result of

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Plaintiff changing his mind about settlement following the October 13 Settlement

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Conference.

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Respectfully submitted,

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FISHER & PHILLIPS LLP

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By: /s/ Scott M. Mahoney, Esq.
SCOTT M. MAHONEY, ESQ.
3800 Howard Hughes Parkway
Suite 950
Las Vegas, Nevada 89169
Attorneys for Defendant

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IT IS SO ORDERED this 6th day
of February, 2012.

___________________________
Peggy A. Leen
United States Magistrate Judge

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LasVegas 92523.1

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Case 2:09-cv-01795-GMN -PAL Document 65

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Filed 02/03/12 Page 3 of 3

CERTIFICATE OF ELECTRONIC SERVICE

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This is to certify that on the 3rd day of February 2012, the undersigned an

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employee of Fisher & Phillips LLP, electronically filed the foregoing Motion for

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Waiver of Attendance of Insurance Representative at Settlement Conference with the

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U.S. District Court, and a copy was electronically transmitted from the Court to the e-

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mail address on file for:
James P. Kemp, Esq.

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By: /s/ Lorraine James-Newman
An employee of Fisher & Phillips LLP

FISHER & PHILLIPS LLP

3800 Howard Hughes Parkway, Suite 950
Las Vegas, Nevada 89169

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LasVegas 92523.1

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