Hulbert v. Ainsworth Game Technology, Inc., et al

Filing 20

ORDER Granting Defendant's 19 Motion for Exception to Early Neutral Evaluation Attendance Requirements. A representative from Defendant's insurance carrier is excused from attending in person the ENE; however, a representative will be available telephonically as needed. Signed by Magistrate Judge Cam Ferenbach on 09/27/2016. (Copies have been distributed pursuant to the NEF - NEV)

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Veronica Arechederra Hall, Bar No. 5855
[e-mail]
Phillip C. 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 Ainsworth Game
Technology, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEBORAH HULBERT an individual,

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Plaintiff,

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vs.
AINSWORTH GAME TECHNOLOGY,
INC., a Florida corporation; DOES 1
through 20, inclusive,

Case No. 2:16-cv-01552-GMN-CWH
DEFENDANT’S REQUEST FOR
EXCEPTION TO EARLY NEUTRAL
EVALUATION ATTENDANCE
REQUIREMENTS

Defendants.

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Defendant Ainsworth Game Technology, Inc. (“Defendant”), by and through its counsel

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Jackson Lewis P.C., hereby respectfully requests an exception to the early neutral evaluation

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(“ENE”) attendance requirements.

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Defendant is insured with Freedom Specialty Insurance Co. (“Freedom Specialty”).

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However, Defendant’s insurance policy contains a substantial self-insured retention, and Freedom

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Specialty is located in the State of New York, thus a representative from Freedom Specialty would

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incur substantial cost and time requirements to travel to the State of Nevada for the Early Neutral

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Evaluation Session. A representative from Specialty Insurance can participate equally effectively

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via telephone.

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The parties conferred regarding this request on September 26, 2016. Plaintiff’s counsel

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indicated that he has no objection to the representative of the insurance company appearing

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telephonically as needed. Moreover, participation by the insurance carrier via telephone will not

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adversely affect the ENE, and Defendant will attend the ENE with appropriate settlement authority.

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JACKSON LEWIS P.C.
LAS VEGAS

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Based on the foregoing, Defendant respectfully requests that a representative from
Defendant’s insurance carrier be excused from attending in person the ENE; however, a
representative will be available telephonically as needed.
Dated this 27th day of September, 2016

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JACKSON LEWIS P.C.

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/s/ Phillip C. Thompson
Veronica Arechederra Hall, Bar No. 5855
Phillip C. Thompson, Bar No. 12114
3800 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169

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Attorneys for Defendant Ainsworth Game
Technology, Inc.

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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 27th day of

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September, 2016, I caused to be sent via ECF filing DEFENDANT’S REQUEST FOR

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EXCEPTION TO EARLY NEUTRAL EVALUATION ATTENDANCE REQUIREMENTS

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to the following:

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James P. Kemp
Kemp & Kemp
7435 W. Azure Dr., Suite 110
Las Vegas, NV 89130

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Attorney for Plaintiff

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

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4830-4749-6249, v. 1

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JACKSON LEWIS P.C.
LAS VEGAS

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