Lewis v. R&L Carriers, Inc. et al

Filing 6

ORDER SCHEDULING EARLY NEUTRAL EVALUATION SESSION. Early Neutral Evaluation set for 1/30/2018 at 10:00 AM in LV Chambers before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 12/4/2017. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARK LEWIS,
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Plaintiff,
2:17-cv-02793-RFB-CWH

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vs.
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ORDER SCHEDULING EARLY NEUTRAL
EVALUATION SESSION

R&L CARRIERS, INC., et al.,
Defendants.

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PLEASE TAKE NOTICE that pursuant to the current Court-Based Early Neutral Evaluation

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(“ENE”) Program in the District of Nevada as outlined in Local Rule 16-6, an ENE session has been

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scheduled to commence at 10:00 a.m., January 30, 2018, in the chambers of the undersigned U.S.

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Magistrate Judge, Cam Ferenbach, located on the third floor of the Lloyd D. George U.S.

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Courthouse, 333 Las Vegas Boulevard South, Suite 3005, Las Vegas, Nevada 89101.

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Lead trial counsel, all parties appearing pro se, if any, and all individual parties must be present.

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In the case of organizational or corporate parties, counsel shall arrange for a representative with

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binding authority to settle this matter up to the full amount of the claim to be present for the duration of

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the ENE session.

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If any party is subject to coverage by an insurance carrier, then a representative of the insurance

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carrier with authority to settle this matter up to the full amount of the claim must be present for the duration

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of the ENE session. This representative must be the adjuster primarily responsible for the claims or an

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officer with supervisory authority over the adjustor. Third party administrators do not qualify.

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A request for an exception to the above attendance requirements must be submitted to the
undersigned for approval at least two weeks prior to the ENE session. Counsel of record, individual

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parties, and a fully authorized representative must appear in person unless the court enters an order

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granting a request for exception. Cost or inconveniences due to travel will ordinarily NOT be good cause

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for an exception.
PREPARATION FOR ENE SESSION

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In preparation for the ENE session, the attorneys for each party, and the parties appearing pro se,

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if any, must submit a confidential written evaluation statement for the Court's in camera review. The

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evaluation statement must be concise and must:

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(A) Identify by name or status the person(s) with decision-making authority who, in addition to

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the attorney, will attend the early neutral evaluation session as representative(s) of the party, and

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persons connected with a party opponent (including an insurer representative) whose presence

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might substantially improve the utility of the early neutral evaluation session or the prospects of

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settlement;

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(B) Describe briefly the substance of the suit, addressing the party’s views on the key liability and

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damages issues;

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(C) Address whether there are legal or factual issues whose early resolution would reduce

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significantly the scope of the dispute or contribute to settlement negotiations;

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(D) Include copies of documents, pictures, recordings, etc. out of which the suit arose, or whose

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availability would materially advance the purposes of the evaluation session (e.g., medical

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reports, documents by which special damages might be determined);

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(E) Discuss the strongest and weakest points of your case, both factual and legal, including a candid

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evaluation of the merits of your case;

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(F) Estimate the costs (including attorney’s fees and costs) of taking this case through trial;

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(G) Describe the history of any settlement discussions and detail the demands and offers that have

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been made and the reason settlement discussions have been unsuccessful; and

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(H) Certify that the party has made initial disclosures under Fed. R. Civ. P. 26(a)(1) and that the

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plaintiff has provided a computation of damages to the defendant under Fed. R. Civ. P.

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26(a)(1)(A)(iii).

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(I) The evaluation statement must be bound pursuant to LR IA 10-1, 10-2 and 10-3.

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The written evaluation statements must be delivered directly to my chambers, U.S. Magistrate

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Judge Cam Ferenbach, in a sealed envelope-MARKED CONFIDENTIAL AND DO NOT FILE, not later

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than 4:00 p.m., January 23, 2018. DO NOT MAIL THEM TO THE CLERK'S OFFICE. DO NOT

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SERVE A COPY ON OPPOSING COUNSEL.

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The purpose of the evaluation statement is to assist the undersigned Magistrate Judge in preparing

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for and conducting the ENE session. In order to facilitate a meaningful session, your utmost candor in

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providing the requested information is required. The written evaluation statements will not be seen by

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or shared with the district judge or magistrate judge to whom this case is assigned. The evaluation

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statements will be seen by no one except the undersigned. Each statement will be securely maintained in

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my chambers, U.S. Magistrate Judge Cam Ferenbach (3rd Floor, 333 Las Vegas Boulevard South, Ste.

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3005, Las Vegas, Nevada 89101), and will be destroyed following the session.

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DATED this 4th day of December, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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