Coleman v. Altec, Inc.

Filing 71

ORDER denying 70 Motion PURSUANT TO LOCAL RULE 101.2(d)(2) to excuse defendant's insurance representative from in-person attendance at the settlement conference. Signed by US Magistrate Judge James E. Gates on 10/1/2018. Sent to Leroy Coleman, Jr. at 5844 Smithboro Rd. Mullins, SC 29574 via US Mail. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5: 16-CV -954-D
LEROY COLEMAN, JR.,
Plaintiff,
V.

ALTEC, INC.,
Defendant.

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ORDER

This case is before the court on the consent motion (D .E. 170) by defendant Altec Industries
("defendant") to excuse its insurance representative, Therese Huber, from in-person attendance at
the settlement conference scheduled for 16 October 2018 (see D.E. 69). Absent excuse, the inperson attendance of a party's insurance representative is required uti.der Local Civil Rule
101.2(d)(l)(iii), E.D.N.C.

The ground for the motion is that Huber would have "difficulty"

traveling from Atlanta to Raleigh for the settlement conference. The nature of the difficulty is not
specified, and it is not otherwise apparent why travel from such a relatively close city would
present undue difficulty.
The court finds that defendant has failed to show good cause for excusing Huber's inperson attendance, particularly in light of the important role that an insurance representative's inperson attendance generally plays in the effectiveness of settlement conferences such as this.
Defendant's motion is accordingly DENIED. Huber shall attend the 16 October 2018 settlement
conference in person. Failure by her to attend in person would subject her, defendant, or both to
the imposition of sanctions, including a finding of contempt.

SO ORDERED, this 1st day of October 2018.

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