Cooper v. DRock Gaming, LLC

Filing 25

ORDER Granting 18 Motion for Relief from Early Neutral Evaluation Attendance Requirements. FURTHER ORDERED that Defendant's insurance representative shall be available telephonically for the duration of the ENE session. Signed by Magistrate Judge Peggy A. Leen on 2/8/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02961-RFB-NJK Document 18 Filed 02/07/17 Page 1 of 5

1 DICKINSON WRIGHT PLLC
Cynthia L. Alexander
2 Nevada Bar No. 6718
3 Email: [e-mail]
Taylor Anello
4 Nevada Bar No. 12881
Email: [e-mail]
5 8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
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Tel: [phone]
7 Attorneys for Defendant DROCK GAMING, LLC,
dba The D fka Fitz and/or Fitzgeralds
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IN THE UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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12 RICHARD COOPER, and individual;
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CASE NO. 2:16-cv-02961-RFB-NJK

Plaintiff,
vs.
DEFENDANT DROCK
GAMING, LLC’S MOTION FOR
EXCEPTION TO EARLY NEUTRAL
EVALUATION SESSION ATTENDANCE
REQUIREMENTS

DROCK GAMING, LLC, dba The D fka Fitz
16 and/or Fitzgerald’s a limited liability company;
17 DOES 1 through 10; and ROE Corporations 11
through 20, inclusive,
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Defendants
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COMES NOW Defendant DROCK GAMING, LLC, dba The D fka Fitz and/or

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Fitzgeralds (“Defendant”) through undersigned counsel, the law firm of Dickinson Wright,
PLLC, and hereby submits this Motion for Exception to Early Neutral Evaluation Session
Attendance Requirements (the “Motion”).
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Case 2:16-cv-02961-RFB-NJK Document 18 Filed 02/07/17 Page 2 of 5

This Motion is supported by the following Memorandum of Points and Authorities and

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the papers and pleadings on file in this matter.
DATED this 7th day of February 2017.

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DICKINSON WRIGHT PLLC

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/s/ Cynthia L. Alexander
Cynthia L. Alexander
Nevada Bar No. 6718
Taylor Anello
Nevada Bar No. 12881
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Attorneys for Defendant DROCK GAMING,
LLC, dba The D fka Fitz and/or Fitzgeralds

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

Introduction
On January 11, 2017, this matter was assigned to the Early Neutral Evaluation (“ENE”)

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17 Program. The ENE session is scheduled for March 17, 2017 in the chambers of U.S. Magistrate
18 Judge Peggy A. Leen. The purpose of this Motion is to seek approval of the Court for the
19 insurance carrier to appear at the ENE session telephonically. Plaintiff’s counsel has indicated
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that he will not oppose this Motion.
II.

Argument

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Pursuant to the Order Scheduling Early Neutral Evaluation Session issued by this Court
on January 11, 2017 (the “Order”), “[i]n the case of non-individual parties, counsel shall arrange

25 for a representative with binding authority to settle this matter up to the full amount of the claim
26 to be present for the duration of the ENE session.” [Dkt. No. 11]. Additionally, pursuant to the
27 Order, “[i]f any party is subject to coverage by an insurance carrier, then a representative of the
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Case 2:16-cv-02961-RFB-NJK Document 18 Filed 02/07/17 Page 3 of 5

1 insurance carrier with authority to settle this matter up to the full amount of the claim must also
2 be present for the duration of the ENE session.” [Id.]
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The claims in Plaintiff’s Complaint are subject to an insurance policy, which has a
substantial retention amount that is the responsibility of Defendant. This retention amount must
be exhausted before the insurance policy can be utilized. A representative of Defendant will

7 attend the ENE session in person and have full authority for the retention amount.

The

8 insurance representative assigned to this matter works and resides out of state. In order to attend
9 the ENE in person, the insurance representative would have to expend additional time and travel
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costs. In order to avoid these expenses, Defendant requests that the insurance representative be
permitted to attend the ENE telephonically.

The insurance representative will be able to

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participate in the entire ENE via telephone and will have appropriate settlement authority
relating to the insurance policy.
Counsel for Defendant has contacted Plaintiff’s counsel regarding its request to have the

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16 insurance representative appear telephonically. Plaintiff’s counsel has indicated that he is has no
17 opposition to the insurance representative appearing telephonically.
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If the Court grants this Motion, it will not hinder the ENE session in any way. First, a
representative of Defendant with full authority as to the retention amount will be present at the
ENE session. Second, the insurance representative will actively be participating in the ENE

22 session telephonically. As such, the parties will have all of the authority necessary to participate
23 in a good faith settlement discussion. Finally, counsel for Plaintiff has no objection to the
24 telephonic appearance.
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Case 2:16-cv-02961-RFB-NJK Document 18 Filed 02/07/17 Page 4 of 5

1 III.

Conclusion

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Defendant respectfully requests that this Court allow the insurance representative to

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appear at the March 17, 2017 ENE session telephonically.

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DATED this 7th day of February 2017.

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DICKINSON WRIGHT PLLC

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/s/ Cynthia L. Alexander
Cynthia L. Alexander
Nevada Bar No. 6718
Taylor Anello
Nevada Bar No. 12881
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Attorneys for Defendant DROCK GAMING,
LLC, dba The D fka Fitz and/or Fitzgeralds

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IT IS ORDERED that Defendant's insurance representative shall be available
telephonically for the duration of the ENE session.
Dated this 8th day of February, 2017.
_______________________________
Peggy A. Leen
United States Magistrate Judge

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Case 2:16-cv-02961-RFB-NJK Document 18 Filed 02/07/17 Page 5 of 5

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CERTIFICATE OF SERVICE

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The undersigned, an employee of Dickinson Wright PLLC, hereby certifies that on the

4 7th day of February 2017, she served a copy of the foregoing DEFENDANT DROCK
5 GAMING, LLC’S MOTION FOR EXCEPTION TO EARLY NEUTRAL EVALUATION
6 SESSION ATTENDANCE REQUIREMENTS by filing through electronic service to all
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interested parties, through the Court’s ECF system addressed to:

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Christian Gabroy (#8805)
9 Gabroy Law Offices
The District at Green Valley Ranch
10 170 South Green Valley Parkway, Suite 280
Henderson, Nevada 89012
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12 Attorney for Plaintiff
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s/ Angelica V. Jimenez______
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An employee of Dickinson Wright PLLC

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