Shufelt v. Just Brakes Corporation

Filing 25

ORDER that defendant must pay on or before 6/30/2017 $1,231.41 to Plaintiff's Counsel's Trust Account. Should the parties wish to move the currently scheduled 7/7/2017 date for the continued ENE, they must file with the court on or before 6/27/2017 a proposed stipulation and order. Signed by Magistrate Judge Cam Ferenbach on 6/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PATRICIA A. SCHUFELT,
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Plaintiff,
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vs.
JUST BRAKES CORPORATION,

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2:16-cv-01028-GMN-CWH
ORDER

Defendant.

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Before the court are plaintiff’s counsel’s Declaration (ECF No. 22) and defendant’s Response
(ECF No. 23).

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Toward the end of the three hour Early Neutral Evaluation Conference held in this case on May

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25, 2017, (ECF Nos. 14 & 21) it was disclosed that defendant’s representative, Harry Zuber, did not

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possess binding authority to settle this matter up to the full amount of the claim. In fact, he had an express

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limit to his authority, above which he was not authorized to proceed. Defendant was thus in non-

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compliance with this court’s order requiring the physical presence at the ENE of a representative with

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binding authority to settle this matter up to the full amount of the claim. (ECF No. 14).

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In its Response (ECF No. 23) defendant explains that a representative with the requisite authority

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had planned to attend the ENE, but plans were changed. The representative with authority was available

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by phone, but not attending the ENE in person.

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The order scheduling the ENE mandated procedures to request an exception to this attendance

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requirement.

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identified the representative attending the conference as, “Just Brakes’ Area Director, Mr. Harry Zuber,

Those procedures were not followed.

Defendant’s confidential settlement statement

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who will have full decision-making authority on behalf of Defendant.” The undersigned prepared for and

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conducted the ENE accordingly.

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These circumstances were discussed on the record in court.

As the details of settlement

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negotiations pervaded the hearing, the record was sealed. LR 16-5. (ECF No. 21). At the conclusion of

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the hearing a deadline was set for Plaintiff’s counsel to file an affidavit regarding fees and costs incurred

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with regard to the failed ENE conference. Time for a response was also set. The parties complied, and

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their filings are now before the court.

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Plaintiff’s request for the value of her hotel room, which she received for free, will be denied. In
all other respects her request for fees and costs are granted.

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At the hearing on May 25, 2017, the ENE was scheduled to resume on June 30, 2017. In their

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Response (ECF No. 23) defendant states that a scheduling conflict has a caused defense counsel to reach

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out to plaintiff’s counsel to stipulate to a further continuance. Before reading defendant’s Response, this

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court entered an order moving the continued ENE due to a conflict in its schedule. The new date is July

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7, 2017. If this creates a conflict for counsel, the court will entertain a stipulation for further continuance.

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IT IS HEREBY ORDERED that defendant must pay, on or before June 30, 2017, One Thousand

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Two Hundred Thirty-one Dollars and 41 Cents ($1,231.41) to Plaintiff’s Counsel’s Trust Account.

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IT IS FURTHER ORDERED that should the parties wish to move the currently scheduled July 7,

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2017, date for the continued ENE, they must file with the court, on or before June 27, 2017, a proposed

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stipulation and order suggesting three alternative dates for the continued conference.

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DATED this 13th day of June, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE