United States Commodity Futures Trading Commission v. Trademasters, USA LLC et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES COMMODITY FUTURES
TRADEMASTERS, USA LLC,
Case No. 2:16-cv-01938-GMN-NJK
(Docket No. 71)
Pending before the Court is Plaintiff’s motion to appear at the settlement conference through an
attorney who will lack full settlement authority since that authority is vested in a five-person
commission. Docket No. 71. “Particularly in litigation in which governmental agencies . . . are
involved, there may be no one with on-the-spot settlement authority, and the most that should be
expected is access to a person who would have a major role in submitting a recommendation to the body
or board with ultimate decision-making responsibility.” Fed. R. Civ. P. 16, Advisory Committee Notes
(1993). Plaintiff contends that the attorney who will be participating in the settlement conference will
have the authority to negotiate terms and “will affirmatively recommend that the Commission accept”
negotiated terms. Docket No. 71 at 1-2. The pending motion is therefore GRANTED with that caveat.
IT IS SO ORDERED.
DATED: June 30, 2017
Nancy J. Koppe
United States Magistrate Judge
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