Las Vegas Development Group, LLC v. 2014-3 IH Equity Owner, LP et al

Filing 140

ORDER Re: 116 Order Setting Settlement Conference. Signed by Magistrate Judge Nancy J. Koppe on 7/21/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-00917-GMN-NJK Document 140 Filed 07/21/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAS VEGAS DEVELOPMENT GROUP,
LLC,

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Case No.: 2:15-cv-00917-GMN-NJK

Plaintiff(s),

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v.

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Order

2014-3 IH EQUITY OWNER, LP, et al.,

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Defendant(s).
The Court set this matter for a settlement conference. E.g., Docket No. 116. Both the lead

16 up to the settlement conference and the settlement conference itself involved numerous instances
17 of unacceptable conduct that violated the Court’s orders, the governing rules, and ethical
18 obligations. These instances include the following:
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1. Parties appearing at the settlement conference without all participants required by the

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Court’s order and without seeking an exception to that order, see, e.g., Docket No. 115

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at 1-2 (requiring all counsel of record to appear unless a request is filed and granted);

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2. Parties submitting settlement briefs that include significant misstatements of fact;

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3. Parties submitting settlement briefs in an untimely manner;

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4. Counsel and/or their staff emailing requests for relief from the Court rather than filing
a proper request on the docket;1

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Given the current pandemic, the Court requires the email submission of settlement
27 statements that include the email addresses for all participants. See Docket No. 129. These
requirements do not implicitly ease any other limitations on ex parte communications with
28 chambers staff or other conduct prohibited by the local rules.
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Case 2:15-cv-00917-GMN-NJK Document 140 Filed 07/21/20 Page 2 of 2

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5. Counsel and/or their staff telephoning chambers on several occasions regarding the

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requirements for submitting a settlement statement, the intended recipients for video

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instructions, or requesting relief from the Court;

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6. Settlement conference participants regularly leaving the conference between

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discussions, necessitating repeated efforts by the courtroom deputy to locate them;

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7. Settlement conference participants not silencing their cell phones;

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8. Settlement conference participants taking unrelated telephone calls while the

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undersigned was trying to speak with them; and
9. Settlement conference participants turning their backs to tend to other matters while

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the undersigned was trying to speak with them.
Each of these issues is problematic standing alone, but the existence of them all with respect

12 to a single settlement conference is alarming. The Court expects better moving forward. The
13 parties and counsel are cautioned that similar conduct in the future may result in the imposition of
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IT IS SO ORDERED.

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Dated: July 21, 2020

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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