Coleman v. American Home Mortgage Servicing, Inc. et al

Filing 116

ORDER Granting in part and Denying in part 115 Request for Exception to Order Scheduling Settlement Conference. T.D.'s insurance carrier is excused from the settlement conference. FURTHER ORDERED that Defendant T.D. Service Company must have a representative with settlement authority present in person at the settlement conference scheduled for October 18, 2013 at 10:00 a.m. Signed by Magistrate Judge Cam Ferenbach on 9/16/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTHONY COLEMAN,
Plaintiff,
vs.
AMERICAN HOME MORTGAGE
SERVICING,INC.; POWER DEFAULT
SERVICES, INC.; SERVICE COMPANY;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; AMERICAN HOME
MORTGAGE ACCEPTANCE INC.; and DOES
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2:11-cv-00178-GMN-VCF
ORDER

Defendants.
Before the Court is T.D. Service Company’s Request for Exception to Order Scheduling
Settlement Conference. (#115).

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A settlement conference is scheduled for October 18, 2013. (#113). On September 13, 2013,

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Defendant T.D. Service Company filed a Request for Exception to Order Scheduling Settlement

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Conference (#115). Defendant requests the following modifications to the attendance requirements as

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set forth in the Order Scheduling Settlement Conference:

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1. In person attendance by counsel for TD, Kevin S. Soderstrom, Esq.,

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2. Telephonic participation by Patrick Dobiesz, President of T.D. Service Company, and

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3. An exception to the requirement that it arrange for participation by its insurance carrier at the

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October 18, 2013 settlement conference.

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Defendant states that the remaining claim against TD is for statutorily defective foreclosure

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under NRS§ 170.080 and “TD is not a key party in this action, as TD is not claiming, nor has it claimed,
any interest of its own in the real property.”

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Defendant has demonstrated sufficient reasons to excuse their insurance carrier from the

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settlement conference. The Court finds that, however, it is pertinent to have a representative with

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settlement authority present in person at the settlement conference.

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IT IS HEREBY ORDERED that T.D. Service Company’s Request for Exception to Order

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Scheduling Settlement Conference (#115) is GRANTED in part and DENIED in part. T.D.’s insurance

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carrier is excused from the settlement conference.

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IT IS FURTHER ORDERED that Defendant T.D. Service Company must have a representative

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with settlement authority present in person at the settlement conference scheduled for October 18, 2013

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at 10:00 a.m.

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DATED this 16th day of September, 2013.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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