Kovell v. Eldorado Resorts Corporation et al

Filing 15

ORDER Granting Defendant Eldorado Resorts Corporation's 14 Motion for Exception to In-Person Attendance of Insurance Carrier Representative at ENE. Signed by Magistrate Judge Nancy J. Koppe on 6/26/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01059-JAD-VCF Document 14 Filed 06/23/17 Page 1 of 4

1
2
3
4
5
6
7
8

10
11
Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9

ANTHONY L. MARTIN
Nevada Bar No. 8177
[e-mail]
JILL GARCIA
Nevada Bar No. 7805
[e-mail]
MICHELLE KRAKORA
Nevada Bar No. 8832
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
3800 Howard Hughes Parkway
Suite 1500
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant Eldorado Resorts
Corporation

12

UNITED STATES DISTRICT COURT

13

FOR THE DISTRICT OF NEVADA

14
15

KENTON KOVELL,
Plaintiff,

16
17
18
19
20
21
22
23
24

Case No.: 2:17-cv-01059-JAD-VCF

vs.
ELDORADO RESORTS CORPORATION, a
Florida Corporation; MICHAEL MARRS;
KRISTEN BECK; DOMINIC TALEGHANI;
AND DOES 1-50, inclusive,

DEFENDANT’S REQUEST FOR
EXCEPTION TO IN-PERSON
ATTENDANCE OF INSURANCE
CARRIER REPRESENTATIVE AT
EARLY NEUTRAL EVALUATION
SESSION

Defendants.

Pursuant to the Court’s Order Regarding Early Neutral Evaluation Session (ECF No. 10)
and LR 16-6, Defendant Eldorado Resorts Corporation (“Eldorado” and/or “Defendant”), by and

25

through its undersigned counsel, hereby submits this request to allow its insurance carrier

26

representative to attend the Early Neutral Evaluation Session (“ENE”) currently scheduled for

27
28

Case 2:17-cv-01059-JAD-VCF Document 14 Filed 06/23/17 Page 2 of 4

1

August 30, 2017, before the Honorable Nancy J. Koppe, United States Magistrate Judge,

2

telephonically.

3
4
5
6
7
8

Pursuant to the Court’s Order (ECF No. 10), where a party is subject to coverage by an
insurance carrier, a representative of the insurance carrier with authority to settle the matter up to
the full amount of the claim must attend the ENE in addition to a party representative, unless an
exception is granted. Eldorado is subject to coverage by an insurance carrier, though it is well
within the Self Insured Retention (“SIR”) at this point.
A telephonic appearance by the insurance carrier’s claims representative will not inhibit or

10

limit the parties’ ability to negotiate or reach a potential settlement. Eldorado’s Vice President of

11
12
Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9

13
14

Operations, James Grimes, will be attending the ENE. Mr. Grimes has binding authority to settle
this matter on Eldorado’s behalf and has extensive knowledge of the facts and circumstances
surrounding Plaintiff’s employment at Eldorado. Mr. Grimes is familiar with the claims alleged by

15

Plaintiff and has attended a number of ENEs on behalf of Eldorado. Eldorado’s insurance carrier

16

is confident in Eldorado’s ability to negotiate a fair and final resolution of this matter.

17

If an exception to the in-person attendance requirement is granted, the claims representative

18

will be available telephonically for the entirety of the ENE. However, based on the allegations

19
20
21
22

contained in Plaintiff’s Complaint, and for reasons that will be discussed in detail in the Eldorado’s
confidential evaluation statement, Eldorado believes the insurance policy’s $350,000.00 retention
threshold far exceeds the value of Plaintiff’s claims. As such, it would not be cost effective to fly a

23

claims representative to Las Vegas to attend the ENE in-person as the costs could be

24

disproportionate to the value of the case.

25

//

26

//

27
28
2

Case 2:17-cv-01059-JAD-VCF Document 14 Filed 06/23/17 Page 3 of 4

1

Eldorado is confident in its ability to fully and in good faith participate in the ENE with the

2

claims representative participating telephonically. Based on the foregoing, Eldorado respectfully

3
4
5
6
7

requests that the Court’s in-person attendance requirement for the insurance carrier be waived and
that the Court approve Eldorado’s request to allow the claims representative to attend the
August 30, 2017 ENE telephonically.
Dated this 23rd day of June, 2017.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

8

10

/s/ Jill Garcia
Anthony L. Martin
Jill Garcia
Michelle Krakora
Wells Fargo Tower, Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Attorneys for Defendant Eldorado Resorts
Corporation

11
12
Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9

13
14
15
16
17
18

IT IS SO ORDERED.
Dated: June 26, 2017

19
20
21
22

_____________________________
United States Magistrate Judge

23
24
25
26
27
28
3