Kosa et al v. American Invsco Corporation et al

Filing 114

ORDER Denying 112 Unopposed Motion for Nicholas Gouletas to Appear at Settlement Conferences by Telephone. Signed by Magistrate Judge Nancy J. Koppe on 6/3/2014. (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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BRUCE COUTURIER, et al.,

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Plaintiff(s),

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vs.

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AMERICAN INVSCO CORP., et al.,

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Defendant(s).

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Case Nos.

2:12-cv-01104-APG-NJK
2:12-cv-01106-APG-NJK
2:12-cv-01107-APG-NJK
2:12-cv-01108-APG-NJK
2:12-cv-01110-APG-NJK
2:12-cv-01111-APG-NJK

ORDER DENYING MOTION FOR
NICHOLAS GOULETAS TO APPEAR
AT SETTLEMENT CONFERENCES
BY TELEPHONE

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Pending before the Court is a motion by Defendants American INVSCO Corporation,

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Condominium Rental Services, Inc. and Nicholas Gouletas (“Defendants”) to have Mr. Gouletas appear

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by telephone and on an as-needed basis should his involvement become “absolutely necessary” at the

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settlement conferences set in these cases. Docket No. 141, 2:12-cv-1104; Docket No. 121, 2:12-cv-

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1106; Docket No. 126, 2:12-cv-1107; Docket No. 119, 2:12-cv-1108; Docket No. 121, 2:12-cv-1110;

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Docket No. 112, 2:12-cv-1111. The settlement conferences are set for July 30 through August 1, 2014.

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It is important to the success of settlement conferences that corporate representatives with full settlement

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authority attend. See, e.g., Nick v. Morgan’s Food, Inc., 270 F.3d 590, 597 (8th Cir. 2001). To that end,

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as explained in the order setting the settlement conference issued on May 19, 2014, the Court strictly

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scrutinizes requests for an exception to the personal attendance requirements for a showing of

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compelling justification.

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Defendants seek an exception to the Court’s attendance requirements, asserting that Mr. Gouletas

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is in poor health and unable to travel. The motion indicates that Defendants have sought a note from

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Mr. Gouletas’ doctor explaining the situation, but have not yet received one. The motion also indicates

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that “Mr. Gouletas has authorized his attorneys . . . to represent [Defendants] at the Settlement

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Conferences.” At this point, the Court DENIES the motion without prejudice to its refiling. Any refiled

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motion must attach a doctor’s note or declaration explaining why Mr. Gouletas cannot travel. Any

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refiled motion must also clarify whether Defendants’ counsel has been given full settlement authority

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on behalf of Defendants for the settlement conferences. Any refiled motion must be filed no later than

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June 10, 2014.

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IT IS SO ORDERED.

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DATED: June 3, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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