Villarreal v. Eldorado Resorts Corporation et al

Filing 28

ORDER Granting 24 MOTION to Exempt Case from ENE Session. The ENE Session 15 Order Scheduling Early Neutral Evaluation Session, is VACATED. Signed by Magistrate Judge Nancy J. Koppe on 3/5/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FABIAN VILLARREAL,
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Plaintiff(s),
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vs.
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ELDORADO RESORTS CORPORATION, et al., )
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Defendant(s).
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Case No. 2:14-cv-01415-APG-VCF
ORDER
(Docket Nos. 15, 24)

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This case has been assigned to the Court-Based Early Neutral Evaluation (“ENE”) Program

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in the District of Nevada as outlined in Local Rule 16-6. Docket No. 3. On December 15, 2014, the

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Court scheduled an ENE session to commence on March 19, 2015. Docket No. 15. On February

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26, 2015, Defendants filed a request that the Court exempt this case from the ENE or, in the

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alternative, to excuse from personal attendance at the ENE those individuals who would be required

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to travel from out-of-state. Docket No. 24. Defendants represent that “[t]o require the parties to

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attend the ENE sessions at this juncture would amount to little more than a waste of judicial

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resources, as well as time and money for both parties.” Id., at 3. On February 27, 2015, Plaintiff

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filed his response, stating that Plaintiff believes that “an ENE in this matter would not be

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constructive.” Docket No. 27, at 2.

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Pursuant to Local Rule 16-6(c) “[t]he evaluating magistrate judge shall have the final

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authority to grant or deny any motion requesting exemption from early neutral evaluation.” Based

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on the parties’ positions, the Court determines that it should exempt this case from the ENE program.

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...

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Accordingly, the Court hereby GRANTS Defendants’ request that the Court exempt this case
from the ENE program (Docket No. 24), and VACATES the ENE session (Docket No. 15).

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IT IS SO ORDERED.

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DATED: March 5, 2015

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NANCY J. KOPPE
United States Magistrate Judge

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