Lum v. LVHR Casino, LLC

Filing 14

ORDER. The telephonic hearing scheduled for 10/13/16 is VACATED. IT IS HEREBY ORDERED that 11 Defendant HRHH Gaming Senior Mezz LLC's Request for Exception to Early Neutral Evaluation Attendance Requirements is GRANTED. IT IS SO ORDERED. Signed by Magistrate Judge Cam Ferenbach on 10/12/16. (Copies have been distributed pursuant to the NEF - ADR)

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Deverie Christensen, Bar No. 6596
[e-mail]
Phillip Thompson, Bar No. 12114
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
HRHH Gaming Senior Mezz, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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RICHARD LUM, an individual;
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Case No.: 2:16-cv-01230-GMN-CWH
Plaintiff,

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v.
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HRHH GAMING SENIOR MEZZ, LLC,
dba Hard Rock Hotel & Casino Las Vegas;
DOES 1 through 10 inclusive; ROE
CORPORATIONS/ENTITIES 1 through
10 inclusive,

DEFENDANT HRHH GAMING SENIOR
MEZZ LLC’S REQUEST FOR EXCEPTION
TO EARLY NEUTRAL EVALUATION
ATTENDANCE REQUIREMENTS

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Defendants.
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Defendant HRHH Gaming Senior Mezz LLC dba Hard Rock Hotel & Casino Las Vegas
("Defendant" or "Hard Rock") by and through its counsel Jackson Lewis P.C., hereby respectfully
requests an exception to the early neutral evaluation (“ENE”) attendance requirements.

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Defendant is insured with American International Group (AIG - Financial Lines Claims).

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However, Defendant’s insurance policy contains a substantial (six figures) self-insured retention

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amount and, given that Plaintiff asserts only discrimination and retaliation under the Americans

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With Disabilities Act in this case, any resolution at the ENE will be well within Defendant’s self-

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insured retention.

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As such, Defendant respectfully requests that a representative from

Defendant’s insurance carrier be excused from attending in person the ENE; however, to alleviate

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any concerns, a representative will be available telephonically. Participation by the insurance
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JACKSON LEWIS P.C.
LAS VEGAS

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carrier via telephone, which is unlikely to be necessary, will not adversely affect the ENE, and

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Defendant will attend the ENE with appropriate settlement authority.

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Based on the foregoing, Defendant respectfully requests the insurance carrier be excused
from in person attendance, and to the extent necessary be allowed to attend the ENE currently

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scheduled for October 26, 2016, at 10:00 a.m., telephonically as needed.
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Dated this 11th day of October, 2016.

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JACKSON LEWIS P.C.

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/s/ Deverie J. Christensen
Deverie J. Christensen, Bar No. 6596
Phillip Thompson, Bar No. 12114
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Attorneys for Defendant HRHH Gaming
Senior Mezz, LLC

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The telephonic hearing scheduled for October 13, 2016 is VACATED.
IT IS HEREBY ORDERED that Defendant HRHH Gaming Senior
Mezz LLC's Request for Exception to Early Neutral Evaluation
Attendance Requirements (ECF No. 11) is GRANTED.
IT IS SO ORDERED.
Dated this 12th day of October, 2016.

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____________________________________
Cam Ferenbach
United States Magistrate Judge

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JACKSON LEWIS P.C.
LAS VEGAS

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CERTIFICATE OF SERVICE

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I hereby certify that I am an employee Jackson Lewis P.C. and that on this 11th day of

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October, 2016, I caused to be sent via ECF filing, a true and correct copy of the above and

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foregoing ANSWER TO COMPLAINT to the following:

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Attorney for Plaintiff

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Trevor J. Hatfield
Hatfield & Associates, Ltd.
703 South Eighth Street
Las Vegas, Nevada 89101

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Attorneys for Plaintiff

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/s/ Kelley Chandler
Employee of Jackson Lewis P.C.

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4813-9611-2698, v. 1

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JACKSON LEWIS P.C.
LAS VEGAS

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