Wilson v. Walgreen Co. et al

Filing 18

ORDER Granting 15 Motion for Exemption for in Person Attendance of Walgreen Co. Representative at Early Neutral Evaluation Session. Defense counsel shall make arrangements for Walgreen's representative (Jodi Karpel) to be available by telephone for the duration of the early neutral evaluation, such that she can be contacted at any given time if necessary. Signed by Magistrate Judge Nancy J. Koppe on 8/15/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RAYMOND WILSON, 11 12 13 14 15 ) ) Plaintiff(s), ) ) v. ) ) WALGREEN CO., et al., ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-01691-JAD-VCF ORDER (Docket No. 15) 16 Pending before the Court is Defendants’ motion that Defendant Walgreen not appear in person 17 for the upcoming early neutral evaluation. Docket No. 15. Plaintiff filed a response in opposition. 18 Docket No. 17. Through counsel, Defendants have represented that Defendant CPC has agreed to 19 indemnify Walgreen at this time. Docket No. 15 at 1. Contrary to Plaintiff’s argument, the Court finds 20 it unnecessary to interpret the underlying contract through which indemnification is premised. 21 Regardless of the language of that agreement, for purposes of the early neutral evaluation, CPC has 22 agreed to indemnify Walgreen and represents that it has the authority to settle this matter at the early 23 neutral evaluation.1 Given that agreement among the defendants, the Court finds Walgreen’s personal 24 presence at the early neutral evaluation unnecessary, and the motion is therefore GRANTED. 25 // 26 // 27 28 1 The Court herein expresses no opinion as to the indemnification provision at issue. 1 Defense counsel shall make arrangements for Walgreen’s representative (Jodi Karpel) to be 2 available by telephone for the duration of the early neutral evaluation, such that she can be contacted at 3 any given time if necessary. 4 IT IS SO ORDERED. 5 Dated: August 15, 2017 6 ___________________________________ Nancy J. Koppe United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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