Cellemme v. Lynch et al

Filing 26

ORDER Granting Defendants' Motion for Relief from Requirement that Person with Settlement Authority Attend Settlement Conference. The Court authorizes Assistant United States Attorney Holly A. Vance to participate in the settlement conference in person as the sole representative for the government. Signed by Magistrate Judge Peggy A. Leen on 3/27/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02539-JAD-CWH Document 24 Filed 03/21/17 Page 1 of 4

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STEVEN W. MYHRE
Acting United States Attorney
HOLLY A. VANCE
Assistant United States Attorney
100 West Liberty Street, Suite 600
Reno, Nevada 89501
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DREE ANN CELLEMME,

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Plaintiff,

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v.

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JEFF SESSIONS, ATTORNEY
GENERAL, U.S. DEPARTMENT OF
JUSTICE; and FEDERAL BUREAU
OF INVESTIGATION,
Defendants.

Case No. 2:16-CV-02539-JAD-CWH

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UNOPPOSED MOTION FOR RELIEF
FROM REQUIREMENT THAT PERSON
WITH SETTLEMENT AUTHORITY
ATTEND SETTLEMENT CONFERENCE
EXPEDITED REVIEW REQUESTED

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An early neutral evaluation (“ENE”) session is scheduled in this case for April 13, 2017, at 1:30

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p.m. before United States Magistrate Judge Peggy A. Leen. (ECF No. 18). The order setting the ENE

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conference requires a government representative with “full [settlement] authority” to attend the

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conference. (ECF No. 18 p. 1). For the reasons argued below, Defendants respectfully request that the

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Court authorize Assistant United States Attorney (“AUSA”) Holly A. Vance to participate in the

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Case 2:16-cv-02539-JAD-CWH Document 24 Filed 03/21/17 Page 2 of 4

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settlement conference in person as the sole representative for the government. Plaintiff Dree Ann

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Cellemme (“Plaintiff”) was contacted and has advised that she has no objection to Defendants’ request.

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ARGUMENT

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The federal government is unlike any other litigant. U.S. v. U.S. Dist. Court for the N. Mariana

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Islands, 694 F.3d 1051, 1059 (9th Cir. 2012). Because the government handles a very large number of

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cases, it would be impractical, if not physically impossible, for those with settlement authority to prepare

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for C and appear at C all settlement conferences. Id. The Advisory Committee notes that accompany the

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1993 amendments to Federal Rule of Civil Procedure 16 acknowledge the unique position that the federal

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government occupies as a litigant: “Particularly in litigation in which governmental agencies * * * are

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involved, there may be no one with on-the-spot settlement authority, and the most that should be expected

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is access to a person who would have a major role in submitting a recommendation to the body or board

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with ultimate decision-making responsibility.”

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The government delegates settlement authority to select individuals in order to promote

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centralized decision-making. U.S. Dist. Court for the N. Mariana Islands at 1059-6060. Centralized

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decision-making promotes three important government objectives. Id. First, it allows the government to

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act consistently in important cases. Id. Second, centralized decision-making allows the executive branch

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to pursue policy goals more effectively by placing ultimate authority in the hands of a few officials. Id.

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Third, by giving authority to high-ranking officials, centralized decision-making better promotes political

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accountability. Id. In light of these principles, the Ninth Circuit has determined that the district court

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should adopt a “practical approach” in deciding whether to require a government representative with full

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settlement authority to attend a pre-trial conference. According to the Ninth Circuit, only as a “last resort”

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should the district court require an official with full settlement authority to participate in a pre-trial

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conference in person. Id.

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Case 2:16-cv-02539-JAD-CWH Document 24 Filed 03/21/17 Page 3 of 4

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Consistent with U.S. Dist. Court for the N. Mariana Islands, the government routinely requests

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that the district court allow the line attorney assigned to the case to appear in person at an ENE conference

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as the sole representative for the government. Before the settlement conference, that line attorney

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discusses the case thoroughly with those government representatives who do have settlement authority

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in order to determine the range of settlement offers that would be acceptable to the government. This

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approach has not hampered settlement discussions or created an impediment to settlement in the hundreds

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of ENE conferences in which the government has participated over the years. In fact, hundreds of cases

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involving the government have settled over the years utilizing this approach. Accordingly, Defendants

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respectfully request that the Court authorize AUSA Vance to participate in the settlement conference as

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the sole representative for the government. Defense counsel contacted Plaintiff who advised that she does

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not object to Defendants’ request. (Vance Decl ¶ 3).

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CONCLUSION

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For the reasons argued above, Defendants respectfully request that the Court grant Defendants’

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Unopposed Motion for Relief from Requirement that Person with Settlement Authority Attend

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Settlement Conference.

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Respectfully submitted,

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STEVEN W. MYHRE
Acting United States Attorney

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/s/ Holly A. Vance__________
HOLLY A. VANCE
Assistant United States Attorney

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IT IS SO ORDERED this 27th day
of March, 2017.

___________________________
Peggy A. Leen
United States Magistrate Judge

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Case 2:16-cv-02539-JAD-CWH Document 24 Filed 03/21/17 Page 4 of 4

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CERTIFICATE OF SERVICE

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It is hereby certified that service of the foregoing UNOPPOSED MOTION FOR RELIEF

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FROM REQUIREMENT THAT PERSON WITH SETTLEMENT AUTHORITY ATTEND

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SETTLEMENT CONFERENCE and EXPEDITED REVIEW REQUESTED was made through the

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Court’s electronic filing and notice system or, as appropriate, by sending a copy of same by first class

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mail, addressed to the following addressees, on this 21st day of March, 2017.

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Addressee:

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Dree Ann Cellemme
10755 Scripps Poway Parkway, Ste 403
San Digeo, CA 92131

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/s/ Holly A. Vance__________
HOLLY A. VANCE

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Case 2:16-cv-02539-JAD-CWH Document 24-1 Filed 03/21/17 Page 1 of 2

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STEVEN W. MYHRE
Acting United States Attorney

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HOLLY A. VANCE
Assistant United States Attorney
100 West Liberty Street, Suite 600
Reno, Nevada 89501
Tel: [phone]
Fax: [phone]
Holly.A. [e-mail]

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Attorneys for the United States
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA

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***

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DREE ANN CELLEMME,

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Plaintiff,

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V.

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JEFF SESSIONS, ATTORNEY
GENERAL, U.S . DEPARTMENT OF
JUSTICE; and FEDERAL BUREAU
OF INVESTIGATION,

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Defendants.

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_______________

Case No. 2:16-CV-02539-JAD-CWH

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DECLARATION OF HOLLY A. VANCE

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I, Holly A. Vance, hereby declare as follows pursuant to 28 U.S.C. § 1746:

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1.

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I serve as an Assistant United States Attorney with the Department of Justice, United

States Attorney's Office in Reno, Nevada. I have served in that capacity since October 2008.

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2.

I have been assigned to defend the litigation entitled Cellemme v. Sessions et al., Case No.

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2:16-CV-02539-JAD-CWH.

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Ill
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On March 20, 2017, I contacted PlaintiffDree Ann Cellemme via e-mail to inquire if she

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had any objection to Defendants' Motion for Relief from Requirement that Person with Settlement

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Authority Attend Settlement Conference and Defendants ' motion requesting leave to file that motion.

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Ms. Cellemme responded via e-mail that she did not object to either motion.

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I have been out of the office on business and for numerous health issues and medical

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appointments over the last month. As a result, I was unable to comply with the Court' s February 17, 2017

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deadline for seeking exceptions to the attendance requirements set forth in the Court's February 10, 2017

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order scheduling an early neutral evaluation session in this case. (ECF No. 18 pp. 1-2).

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I declare under penalty of perjury that the foregoing is true and correct based on my personal
knowledge.
Executed this 21st day of March, 2017, in Reno, Nevada.

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~

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a. l!atJui,,

HOLLY A.
NCE
A ~ d States Attorney

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