Canales v. Kore Refrigeration, LLC
Filing
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ORDER Granting #13 Stipulation to Continue Early Neutral Evaluation Session. Early Neutral Evaluation set for 3/9/2023 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Cam Ferenbach. See Order for further details. Signed by Magistrate Judge Cam Ferenbach on 1/17/2023. (Copies have been distributed pursuant to the NEF - KF)
Case 2:22-cv-01724-APG-BNW Document 14 Filed 01/17/23 Page 1 of 4
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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ALBERT A. CANALES,
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Plaintiff(s),
2:22-cv-01724-APG-BNW
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v.
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ORDER SCHEDULING EARLY NEUTRAL
EVALUATION SESSION
KORE REFRIGERATION, LLC,
Defendant(s).
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Before the court is the Stipulation to Continue the Early Neutral Evaluation Session Scheduled for
January 20, 2023. (ECF No. 13).
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Accordingly, and for good cause shown,
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IT IS HEREBY ORDERED that the Stipulation to Continue the Early Neutral Evaluation Session
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Scheduled for January 20, 2023 (ECF No. 13), is GRANTED.
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IT IS FURTHER ORDERED that the ENE session scheduled for January 20, 2023, is VACATED
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and RESCHEDULED to by video conference at 10:00 a.m., March 9, 2023, before U.S. Magistrate
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Judge, Cam Ferenbach.
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IT
IS
FURTHER
ORDERED
that
counsel/parties
must
email
chambers
at
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VCF_Chambers@nvd.uscourts.gov, with all email address(es) to be used for the video conference hearing
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by noon, March 2, 2023.
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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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Case 2:22-cv-01724-APG-BNW Document 14 Filed 01/17/23 Page 2 of 4
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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 be present unless the court enters an order granting a
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request for exception.
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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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Case 2:22-cv-01724-APG-BNW Document 14 Filed 01/17/23 Page 3 of 4
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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). Initial disclosures and damages calculations must be served one week prior to the
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ENE. A stay of discovery does not excuse compliance with this order.
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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 to chambers or (if statements and exhibits are
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over 100 pages, please send in multiple e-mails.) emailed to VCF_Chambers@nvd.uscourts.gov, not later
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than 4:00 p.m., March 2, 2023. DO NOT FILE. DO NOT MAIL THEM TO THE CLERK'S
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OFFICE. DO NOT 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 evaluation statements will not be seen by or
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shared with the district judge or magistrate judge to whom this case is assigned. The evaluation
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Case 2:22-cv-01724-APG-BNW Document 14 Filed 01/17/23 Page 4 of 4
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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 17th day of January 2023.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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