Maunder v. The Primadonna Company, LLC

Filing 14

ORDER Granting 13 Stipulation for Exception to Attendance Requirements for Early Neutral Evaluation.. Signed by Magistrate Judge Carl W. Hoffman on 6/30/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00918-RFB-GWF Document 13 Filed 06/29/15 Page 1 of 2

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WENDY M. KRINCEK, ESQ., Bar #6417
KAITLYN M. BURKE, ESQ., Bar #13454
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
e-mail: [e-mail]
e-mail: [e-mail]
Attorneys for Defendant
THE PRIMADONNA COMPANY, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SUSAN D. MAUNDER, an individual;

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Plaintiff,

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vs.

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THE PRIMADONNA COMPANY, LLC a/k/a
and d/b/a PRIMM VALLEY RESORTS;
EMPLOYEE(S) / AGENT(S) DOES 1-10; and
ROE CORPORATIONS 11-20, inclusive,

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Defendants.

Case No. 2:15-cv-00918-RFB-GWF
STIPULATION FOR EXCEPTION
TO ATTENDANCE
REQUIREMENTS FOR EARLY
NEUTRAL EVALUATION
SESSION
ENE DATE: July 30, 2015
ENE TIME: 9:00 a.m.
MAGISTRATE JUDGE C.W.
HOFFMAN, JR.

Defendant, The Primadonna Company, LLC (“Primadonna”), and Plaintiff, Susan D.
Maunder (“Plaintiff”), by and through their respective attorneys of record, hereby submit this
Stipulation respectfully requesting an exemption from the Early Neutral Evaluation (“ENE”)
attendance requirements for Defendant’s insurance representative.
The Order Scheduling Early Neutral Evaluation (“ENE”) Session (Dkt. #11) sets the ENE for
July 30, 2015. It requires a representative of the insurance carrier with authority to settle this matter
up to the full amount of the claim to be present. Defendant requests an exception to this requirement
because although Defendant has an employment practices liability insurance policy, that coverage is
subject to a $250,000 retention. Based on the information presently available regarding Plaintiff and

Case 2:15-cv-00918-RFB-GWF Document 13 Filed 06/29/15 Page 2 of 2

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her allegations in this lawsuit, there is no reasonable good faith possibility that Plaintiff’s claims

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could exceed the retention level at this time. Indeed, Plaintiff’s initial disclosures include a damages

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calculation of $29,433.64 in lost wages taking into account mitigation efforts. In light of the status

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of the litigation and the relative settlement posture of this matter, it is Defendant’s belief that the

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insurance coverage will not have any effect on the settlement negotiations at the ENE.

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Additionally, Defendant will have a company representative available at the ENE session

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who will fully and effectively participate in the settlement discussion and will have binding authority

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to settle this matter on behalf of Defendant. Further, Defendant’s insurance representative will be

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availability telephonically during the ENE if necessary. Accordingly, the parties respectfully request

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that an Order be issued granting permission for Defendant’s insurance representative to be exempt

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from personal attendance at the ENE scheduled for July 30, 2015.

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Dated: June 29, 2015

Dated: June 29, 2015

Respectfully submitted,

Respectfully submitted,

_/s/ Christian Gabroy, Esq.____________
CHRISTIAN GABROY, ESQ.
GABROY LAW OFFICES

__/s/ Kaitlyn M. Burke, Esq._________________
WENDY M. KRINCEK, ESQ.
KAITLYN M. BURKE, ESQ.
LITTLER MENDELSON

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Attorney for Plaintiff
SUSAN D. MAUNDER

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Attorneys for Defendant
THE PRIMADONNA COMPANY, LLC
ORDER

IT IS SO ORDERED.
DATED: June_____, 2015
DATED: June 30, 2015

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_______________________________________
THE HONORABLE C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

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Firmwide:134354893.1 058279.1014

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LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

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