Akana v. Carter Powersports et al

Filing 23

ORDER Granting 21 Motion for Exception from Personal Attendance at Early Neutral Evaluation Conference. Signed by Magistrate Judge Carl W. Hoffman on 2/15/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02221-GMN-PAL Document 21 Filed 02/13/17 Page 1 of 3

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Sheri M. Thome, Esq.
Nevada Bar No. 008657
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South 4th Street, 11th Floor
Las Vegas, NV 89101-6014
[phone]; FAX [phone]
[e-mail]
Steven J. Parsons
Nevada Bar No. 363
Law Offices of Steven J. Parsons
10091 Park Run Dr., Ste. 200
Las Vegas, NV 89145-8868
[e-mail]
Attorneys for Defendant Carter Powersports and
Michael Malatesta

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT AKANA, individually

2:16-cv-02221-GMN-PAL

Plaintiff,

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Case No:

vs.

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CARTER POWERSPORTS; JESSE
PATTERSON, an individual; MICHAEL
MALATESTA, an individual; DOE
EMPLOYEES I-X; ROE ENTITIES I-X;
inclusive,

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DEFENDANTS’ REQUEST FOR
EXCEPTION FROM PERSONAL
ATTENDANCE AT EARLY NEUTRAL
EVALUATION CONFERENCE

Defendants.

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Defendants CARTER POWERSPORTS (“Carter”) and MICHAEL MALATESTA, by and

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through their counsel of record, SHERI M. THOME and CHAD C. BUTTERFIELD of the law firm

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of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, hereby submit the instant

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request for exception from personal attendance at the Early Neutral Evaluation Conference set for

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March 1, 2017, before Judge Hoffman. [ECF No. #20] The request is to excuse the personal

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attendance of two out-of-state persons, Defendant Michael Malatesta and Sentry Insurance

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representative Matt Tobin, both of whom can be available by phone. Defendant Carter Powersports,

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through its President Dave Carter, will attend the ENE in person with counsel. If Jesse Patterson has

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been served with the Complaint by that time, he should be able to attend the ENE as well.

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Case 2:16-cv-02221-GMN-PAL Document 21 Filed 02/13/17 Page 2 of 3

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Background and Grounds for the Request

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This is an employment discrimination matter in which Mr. Akana, a former employer of

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Carter Powersports, is making state and federal claims against the company and two of its former

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employees, Michael Malatesta and Jesse Patterson. Mr. Malatesta lives and runs his own business in

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Illinois, thus it would be burdensome for him to travel to Las Vegas for the conference. Mr.

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Malatesta will be available to discuss the matter with the Court via phone, should the Court wish to

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speak to him.

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Carter Powersports is insured through Sentry Insurance, and the claims representative, Matt

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Tobin, is located in Wisconsin. The policy affords coverage with a deductible that equates to 10%

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of the total defense/indemnity costs, thus Mr. Carter has authority as it pertains to the decision to

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settle, and can productively discuss resolution at the ENE. Additionally, Mr. Tobin will be available

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to discuss by phone as needed. Finally, Plaintiff’s counsel has indicated that she will be preparing a

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demand before the conference, so Mr. Tobin, counsel and Mr. Carter can jointly discuss authority in

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light of the demand. All of these factors demonstrate that Mr. Tobin’s absence will not impact

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Defendants’ ability to resolve the matter, if desired. Accordingly, Defendants request that Mr.

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Malatesta and Mr. Tobin be permitted to appear at the ENE via telephone.

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DATED this 13th day of February, 2017.
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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February 15, 2017

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BY: /s/ Sheri M. Thome
Sheri Thome, Esq.
Nevada Bar No. 08657
Chad C. Butterfield, Esq.
Nevada Bar No. 010532
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]

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Steven J. Parsons
Nevada Bar No. 363
Law Offices of Steven J. Parsons
10091 Park run Dr., Ste. 200
Las Vegas, NV 89145-8868
[e-mail]
Attorneys for Defendant Carter Powersports

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-21108649v.1

Case 2:16-cv-02221-GMN-PAL Document 21 Filed 02/13/17 Page 3 of 3

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CERTIFICATE OF SERVICE

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Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of WILSON, ELSER,

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MOSKOWITZ, EDELMAN & DICKER LLP and that on this 13th day of February, 2017, I served a

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true and correct copy of the foregoing DEFENDANTS’ REQUEST FOR EXCEPTION FROM

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PERSONAL ATTENDANCE AT EARLY NEUTRAL EVALUATION CONFERENCE as

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follows:

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by placing same to be deposited for mailing in the United States Mail, in a sealed
envelope upon which first class postage was prepaid in Las Vegas, Nevada;
and/or

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via electronic means by operation of the Court’s electronic filing system, upon
each party in this case who is registered as an electronic case filing user with the
Clerk; and/or

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via hand-delivery to the addressees listed below; and/or

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via facsimile; and/or

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by transmitting via email the document listed above to the email address set forth
below on this date before 5:00 p.m. (PST/PDT).

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James R. Olson, Esq.
Stephanie M. Zinna, Esq.
Olson, Cannon, Gormley, Angulo & Stoberski
9950 West Cheynenne Avenue
Las Vegas, NV 89129
Tel: [phone]/Fax: [phone]
E-mail: [e-mail] and [e-mail]
Attorneys for Plaintiff Robert Akana

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BY: /s/ Naomi E. Sudranski
An Employee of WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP

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