Gilliland v. Golden Gate Casino, LLC

Filing 10

ORDER Granting 9 Motion for Exception from Attendance at Early Neutral Evaluation Session. Defendant's carrier is excused from appearing personally at the ENE, but shall be available by telephone for the duration of the ENE. Signed by Magistrate Judge Nancy J. Koppe on 9/13/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01956-JAD-VCF Document 9 Filed 09/12/16 Page 1 of 3

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Elayna J. Youchah, Bar #5837
[e-mail]
Kristofer D. Leavitt, Bar #13173
[e-mail]
JACKSON LEWIS P.C.
3800 Howard Hughes Pkwy, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Golden Gate Casino, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRENDA GILLILAND, an individual,

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Plaintiff,

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vs.
GOLDEN GATE CASINO, LLC, a Nevada
limited liability company; DOES 1 through
10 inclusive; ROES CORPORATIONS
ENTITIES 1 through 10 inclusive,

Case No. 2:16-cv-01956-JAD-VCF

DEFENDANT’S REQUEST FOR
EXCEPTION FROM ATTENDANCE
AT EARLY NEUTRAL EVALUATION
SESSION

Defendants.

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Defendant Golden Gate Casino, LLC (“Defendant”), by and through its counsel of record,

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Jackson Lewis P.C., respectfully requests an exception to the Early Neutral Evaluation (“ENE”)

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Session attendance requirements.

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Specifically Defendant requests that Defendant’s insurer, AIG, be excused from attending

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the ENE in person and, instead, be allowed to attend telephonically. Defendant’s insurance policy

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includes a self-insured retention of $100,000.00, which means Defendant is responsible for its

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legal fees and the costs of settlement up to $100,000.00 before its insurance policy becomes

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effective. Consequently, Defendant, not its insurance carrier, will be the primary decision maker

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at the ENE in regards to any settlement reached with Ms. Gilliland.

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representative for AIG is located in New York and would be required to incur significant time and

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expense to travel to the ENE, which would deplete funds that could otherwise be available for a

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settlement with Ms. Gilliland. For an AIG representative to attend the ENE, it would require a

Jackson Lewis P.C.
Las Vegas

Additionally, the

Case 2:16-cv-01956-JAD-VCF Document 9 Filed 09/12/16 Page 2 of 3

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three day commitment, including travel on the days before and after the ENE as well as a full day

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of attendance at the ENE itself. Requiring Defendant to expend these funds, especially in light of

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its self-insured retainer, would be unnecessary and unreasonable. Finally, given AIG’s minimal

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participation, attendance via telephone will not adversely affect the ENE. A representative for

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Defendant, as well as Defendant’s counsel, will be present and will have authority to negotiate a

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settlement on Defendant’s behalf.

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Defendant’s self-insured retention limit, a representative for AIG will be available telephonically

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to discuss and approve any proposed settlement.

In the unlikely event a negotiated settlement exceeds

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In sum, a representative from Defendant and its counsel will be present at the ENE and

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will have authority to bind Defendant if the parties are able to reach a settlement. Requiring a

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representative from Defendant’s insurance carrier to be present would cause Defendant to

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unnecessarily expend funds to include a third-party whose participation will only be beneficial in

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the unlikely event a settlement exceeds Defendant’s $100,000.00 self-insured retainer. For these

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reasons, Defendant respectfully requests Defendant’s carrier be excused from in person

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attendance, and to the extent necessary be allowed to attend the ENE currently scheduled for

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November 9, 2016, at 9:30 am, telephonically as needed.

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Dated this 12th day of September, 2016.
JACKSON LEWIS P.C.

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/s/ Elayna J. Youchah
Elayna J. Youchah, Bar # 5837
Kristofer D. Leavitt, Bar #13173
3800 Howard Hughes Parkway, Ste. 600
Las Vegas, Nevada 89169

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Defendant's carrier is excused
from appearing personally at the
ENE, but shall be available by
telephone for the duration of the
ENE.

Attorneys for Defendant
Golden Gate Casino, LLC
ORDER
IT IS SO ORDERED

September 13

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UNITED STATES DISTRICT JUDGE
United States Magistrate Judge

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Jackson Lewis P.C.
Las Vegas

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, 2016.