United States Commodity Futures Trading Commission v. Trademasters, USA LLC et al

Filing 72

ORDER Granting 71 Motion to appear at the settlement conference through an attorney. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 6/30/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 UNITED STATES COMMODITY FUTURES TRADING COMMISSION, 11 Plaintiff(s), 12 v. 13 TRADEMASTERS, USA LLC, 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-01938-GMN-NJK ORDER (Docket No. 71) 16 Pending before the Court is Plaintiff’s motion to appear at the settlement conference through an 17 attorney who will lack full settlement authority since that authority is vested in a five-person 18 commission. Docket No. 71. “Particularly in litigation in which governmental agencies . . . are 19 involved, there may be no one with on-the-spot settlement authority, and the most that should be 20 expected is access to a person who would have a major role in submitting a recommendation to the body 21 or board with ultimate decision-making responsibility.” Fed. R. Civ. P. 16, Advisory Committee Notes 22 (1993). Plaintiff contends that the attorney who will be participating in the settlement conference will 23 have the authority to negotiate terms and “will affirmatively recommend that the Commission accept” 24 negotiated terms. Docket No. 71 at 1-2. The pending motion is therefore GRANTED with that caveat. 25 IT IS SO ORDERED. 26 DATED: June 30, 2017 27 28 ______________________________________ Nancy J. Koppe United States Magistrate Judge

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