Douglas v. Dreamdealers USA, LLC et al

Filing 73

ORDER Re: 72 MOTION to Excuse Individual Defendants from Settlement Conference by Defendants Dreamdealers USA, LLC., David Perisset, and Roman Thievin. Plaintiff must respond by 5/1/2020. Signed by Judge Andrew P. Gordon on 4/24/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-02134-APG-BNW Document 72 Filed 04/23/20 Page 1 of 3
73
04/24/20

1
2
3
4
5
6
7
8

WENDY M. KRINCEK, ESQ., Bar # 6417
MARCUS B. SMITH, ESQ., Bar # 12098
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email:
[e-mail]
[e-mail]
Attorneys for Defendants
Dreamdealers USA, LLC d/b/a Exotics Racing,
David Perisset, and Roman Thievin
UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14
15
16
17
18

EDWARD B. DOUGLAS, an individual,
Plaintiff,
vs.

Case No. 2:17-cv-02134-APG-BNW
MOTION TO EXCUSE INDIVIDUAL
DEFENDANTS FROM SETTLEMENT
CONFERENCE

DREAMDEALERS USA, LLC d/b/a
EXOTICS RACING, A Nevada limited
liability company, DAVID PERISSET, an
individual, and ROMAN THIEVIN, an
individual,
Defendants.

19

Defendants Dreamdealers USA, LLC d/b/a Exotics Racing, David Perisset, and Roman

20

Thievin, by and through their counsel of record, Littler Mendelson, P.C., hereby respectfully

21

submit their Motion to Excuse Individual Defendants from Settlement Conference.

22

MEMORANDUM OF POINTS AND AUTHORITIES

23

Defendants respectfully request that the Court excuse Individual Defendants Perisset and

24

Thievin from the Settlement Conference scheduled for May 12, 2020, per ECF No. 69.

25

Specifically, the Court’s Order Scheduling Settlement Conference (ECF No. 69), schedules the

26

Settlement Conference for May 12, 2020, and requires in-person attendance of, among others, “all

27

individual parties . . . .” (ECF No. 69 at 2:2-4). On April 19, 2020, the Court issued a Minute

28

Order in Chambers, modifying its Order Scheduling Settlement Conference to allow the Settlement

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Case 2:17-cv-02134-APG-BNW Document 72 Filed 04/23/20 Page 2 of 3
73
04/24/20

1

Conference to take place telephonically. (See ECF No. 71).

2

Scheduling Settlement Conference remains in place, however, including the requirement for all

3

individual parties to participate. (See id.). Defendants now respectfully request that the Court

4

excuse Individual Defendants Perisset and Thievin from participation in the Settlement

5

Conference.

The remainder of the Order

6

Defendants will be represented at the Settlement Conference by Wendy Medura Krincek,

7

Esq. and Marcus B. Smith, Esq., Littler Mendelson, P.C., and by Corporate Counsel for

8

Defendants, Ismail Amin, Esq. Also participating will be Elina Burke, Senior Claims Specialist for

9

Chubb, Defendants’ employment practices liability insurance carrier. These individuals will have

10

settlement authority up to the full amount of the claim on behalf of all Defendants. In addition,

11

these individuals are intimately familiar with the entirety of the facts, law, and history of this case.

12

Participation by Individual Defendants Perisset and Thievin will not substantially improve

13

the utility of the Settlement Conference or the prospects of settlement. That is so because of the

14

reasons set forth above, and because the insurance retention amount is exhausted and, as just stated,

15

the insurer representative will be participating and will have full authority to resolve the matter for

16

all of the named Defendants. Therefore, Defendants respectfully request that the Court excuse the

17

Individual Defendants from participation in the May 12, 2020 Settlement Conference.

18

Dated: April 23, 2020

19

The Court has reviewed and
considered Defendants' motion to
excuse individual defendants from
the upcoming settlement
conference. Plaintiff must respond
by 5/1/2020 stating whether he
opposes Defendants' motion. IT IS

SO ORDERED.

20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

Respectfully submitted,

/s/ Marcus B. Smith
WENDY M. KRINCEK, ESQ.
MARCUS B. SMITH, ESQ.
LITTLER MENDELSON, P.C.

Attorneys for Defendants
IT IS SO ORDERED 

DATED:  April 24, 2020

2.
__________________________________________________ 
BRENDA WEKSLER 
UNITED STATES MAGISTRATE JUDGE 

Case 2:17-cv-02134-APG-BNW Document 72 Filed 04/23/20 Page 3 of 3
73
04/24/20

1

PROOF OF SERVICE

2
3
4
5

I am a resident of the State of Nevada, over the age of eighteen years, and not a party to the
within action. My business address is 3960 Howard Hughes Parkway, Suite 300, Las Vegas, Nevada
89169. On April 23, 2020, I served the within document(s):

6

MOTION TO EXCUSE INIDIVUDAL DEFENDANTS FROM SETTLEMENT

7

CONFERENCE

8
9
10
11
12
13
14



By CM/ECF Filing – Pursuant to FRCP 5(b)(3) and LR 5-4, the above-referenced document
was electronically filed and served upon the parties listed below through the Court’s Case
Management and Electronic Case Filing (CM/ECF) system:

Dustin L. Clark
Holley, Driggs, Walch, Fine, Puzey, Stein &
Thompson
400 South Fourth Street, Third Floor
Las Vegas, NV 89101
I declare under penalty of perjury that the foregoing is true and correct. Executed on April
23, 2020, at Las Vegas, Nevada.

15
/s/Joanne Conti
Joanne Conti

16
17
18

4839-5726-8154.1 087825.1002

19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

3.