Silver v. Frias Management, LLC et al

Filing 10

ORDER Granting 9 Motion for Waiver of Attendance of Insurance Carrier at ENE. Signed by Magistrate Judge Cam Ferenbach on 3/17/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 FISHER &PHILLIPS LLP SCOTT M. MAHONEY,ESQ. Nevada Bar No. 1099 300 S. Fourth Street Suite 1500 Las Vegas, NV 89101 Telephone: (702)252-3131 smahoney(~r~; Attorneys for Defendants, Las Vegas Limousines, LLC and Frias Management, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ASHLEY SILVER, Case No. 2:17-cv-00197-RFB-CWH 11 Plaintiff, 12 13 14 15 16 17 18 MOTION FOR WAIVER OF ATTENDANCE OF INSURANCE CARRIER AT ENE vs. LAS VEGAS LIMOUSINES,LLC dba LAS VEGAS LIMOUSINES, a Nevada Limited Liability Company, FRIAS MANAGEMENT,LLC dba FRIAS TRANSPORTATION MANAGEMENT,a Nevada limited liability company, DOES I through X, and ROE CORPORATIONS I through X, 19 Defendants 20 21 Defendants, pursuant to the Order Scheduling Early Neutral Evaluation Session 22 filed February 21, 2017(ECF No. 8), hereby move the Court for an order excusing the 23 physical attendance of the AIG insurance carrier representative, Ryan Potente, at the 24 25 March 24, 2017 ENE. 26 Mr. Potente is located in New York, and overnight travel (likely multiple days) 27 would be required. Defendants are aware that cost and inconvenience are generally not 28 considered good cause for an exception from the attendance requirements, but the Court -132660103 1 is asked to consider in combination with these factors the fact there is a $100,000 self- ~ 2 insured retention on this matter, little of which has been exhausted. While Defendants ~ 3 intend to come to the ENE for good faith negotiations, no scenario is envisioned in 4 which insurance carrier funds would come into play at the ENE. Further, a settlement 5 position will be formulated before the ENE, Mr. Potente would be available during the 6 7 ENE by telephone as needed, and Defendants will be represented in person at the ENE. 8 Finally, the AIG representatives are presently short-staffed by a person such that Mr. 9 Potente is currently handling approximately 250 claims, which makes multiple days out 10 of the office more difficult. 11 FISHER &PHILLIPS LLP w._. 0 a~ ~o 12 ~M eb ...~.... ..__..w.._n~.,. 13 a ~~ `~ ,.., 14 ~ ~ ~z ~n a is ° ~ w> 16 o ,~ ~ ~ .'~~/s~-Scott M:Mahoney, Esq. SCOTT M. MAHONEY,ESQ. 300 S. Fourth Street Suite 1500 Las Vegas, Nevada 89101 Attorneys for Defendants 17 ~, CERTIFICATE OF ELECTRONIC SERVICE w is 19 .This is to certify that on the 7th day of March 2017, the undersigned, an employee of Fisher &Phillips LLP, electronically filed the foregoing Motion for 20 Waiver of Attendance of Insurance Carrier at ENE with the U.S. District Court, and a 21 22 copy was electronically transmitted from the court to the e-mail address on file for: Angela J. Lizada, Esq. 23 24 By: /s/ Stacey Grata An employee of Fisher &Phillips LLP 25 26 27 28 3-17-2017 32660103 -2-

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