Yoder, et al v. Town of Morristown, et al

Filing 31

Letter Motion from Jacinda H. Conboy, Esq. for Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner requesting that Defendants and their insurance representative participate in the ENE via telephone submitted to Judge Lowe. (Conboy, Jacinda)

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Yoder, et al v. Town of Morristown, et al Doc. 31 LEMIRE JOHNSON, L L C A t t o r n e y s at Law 2 5 3 4 R o u te 9 , P .O . B o x 2 4 8 5 , M a lta , N Y 1 2 0 2 0 518.899.5700 ~ 518.793.9005 Fax 518.899.5487 August 12, 2009 Via ECF Honorable George H. Lowe United States Magistrate Judge United States District Court Northern District of New York Syracuse, New York 13261 Re: Yoder, et al. v. Town of Morristown, Civil Case No.: 09-cv-0007 (TJM/GHL) Your Honor: We write in response to Plaintiffs' application to the Court and to petition the Court pursuant to Local Rule 83.12-6(f) on behalf of the Defendants. We respectfully request that Defendants and their insurance carrier be allowed to appear at the ENE conference via telephone. With respect to the insurance carrier, we do not anticipate that any monetary resolution will be reached and are not recommending any monetary resolution that would involve the insurance carrier. Given Plaintiffs' religious beliefs, we have no reason to believe that a monetary resolution would even be permitted by Plaintiffs' religion. Our carrier is located on Long Island and there is no local representative with authority to participate in the ENE. Given the travel and Defendants' position with respect to settlement, we respectfully request that our insurance carrier participate via telephone. With respect to Defendants, given Plaintiffs' position with respect to the ENE, the fact that Plaintiffs themselves will not be available directly during the ENE, and further, that Plaintiffs have represented that they need an interpreter, it will be extremely difficult to ascertain whether Plaintiffs themselves actually understand and will ultimately be able to consent to any proposed settlement. Furthermore, should Defendants be present at the ENE without Plaintiffs' presence, it would appear that the ENE is serving to allow Plaintiffs' counsel the opportunity obtain discovery and inquire of the Defendants through an informal procedure - a process that would not be available to Defendants due to Plaintiffs' absence. Dockets.Justia.com LEMIRE JOHNSON, LLC Y o d e r v. Town of M o r r i s t o w n , et al. Page 2 A u g u s t 12, 2009 Thus, it is respectfully requested that, in order to to conduct a productive ENE, one that will place the parties on an even playing field, that both the Defendants' insurance carrier and Defendants be permitted to appear via telephone. Thank you. Respectfully submitted, LEMIRE JOHNSON, LLC Jacinda H. Conboy Jacinda H. Conboy (105383) jhc@lemirejohnsonlaw.com JHC:dl cc: Michael Mervis, Esq. Jason Gerstein, Esq. Lori Windham, Esq.

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