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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FISHER &PHILLIPS LLP
SCOTT M. MAHONEY,ESQ.
Nevada Bar No. 1099
300 S. Fourth Street
Suite 1500
Las Vegas, NV 89101
Telephone: [phone]
smahoney(~r~;fisherphillips.com
Attorneys for Defendants,
Las Vegas Limousines, LLC and
Frias Management, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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ASHLEY SILVER,
Case No. 2:17-cv-00197-RFB-CWH

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Plaintiff,
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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,

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Defendants
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Defendants, pursuant to the Order Scheduling Early Neutral Evaluation Session

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filed February 21, 2017(ECF No. 8), hereby move the Court for an order excusing the
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physical attendance of the AIG insurance carrier representative, Ryan Potente, at the
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March 24, 2017 ENE.

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Mr. Potente is located in New York, and overnight travel (likely multiple days)

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would be required. Defendants are aware that cost and inconvenience are generally not

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considered good cause for an exception from the attendance requirements, but the Court
-132660103

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is asked to consider in combination with these factors the fact there is a $100,000 self- ~

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insured retention on this matter, little of which has been exhausted. While Defendants ~

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intend to come to the ENE for good faith negotiations, no scenario is envisioned in

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which insurance carrier funds would come into play at the ENE. Further, a settlement
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position will be formulated before the ENE, Mr. Potente would be available during the
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ENE by telephone as needed, and Defendants will be represented in person at the ENE.

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Finally, the AIG representatives are presently short-staffed by a person such that Mr.

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Potente is currently handling approximately 250 claims, which makes multiple days out

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of the office more difficult.

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.'~~/s~-Scott M:Mahoney, Esq.
SCOTT M. MAHONEY,ESQ.
300 S. Fourth Street
Suite 1500
Las Vegas, Nevada 89101
Attorneys for Defendants

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CERTIFICATE OF ELECTRONIC SERVICE

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.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

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Waiver of Attendance of Insurance Carrier at ENE with the U.S. District Court, and a
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copy was electronically transmitted from the court to the e-mail address on file for:
Angela J. Lizada, Esq.

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By: /s/ Stacey Grata
An employee of Fisher &Phillips LLP

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3-17-2017
32660103

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