Wright v. Corpening et al
ORDER granting in part and denying in part Defendant's 78 Motion to Excuse Attendance at the Court-Hosted Settlement Conference as follows: (1) The request that a representative from any involved insurance carrier (i.e ., a representative other than the NCDPS representative) be excused from participating is GRANTED; and (2) the request that Defendant Nicholas E. Davis be excused from personally participating in the 11/16/2021 settlement conference is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 10/6/2021. (Pro se litigant served by US Mail.)(khm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Marion Corr. Inst. E-Unit Officer,
This matter is before the undersigned on Defendant’s Motion to Excuse
Attendance at the Court-Hosted Settlement Conference (the “Motion,” Doc.
A telephonic settlement conference is set for November 16, 2021 from
1:00 p.m. to 3:00 p.m. The Court’s Order of October 4, 2021 provided
instructions regarding the parties’ participation in that conference. Doc. 77.
By his Motion, Defendant Nicholas E. Davis requests that he be excused
from personally attending the November 16, 2021 conference. Doc. 78 at 1-2.
Additionally, Defendant requests that “a representative of the insurance
carrier” be excused. Id. Defendant contends that these requests are justified
because “representatives of North Carolina Department of Public Safety will
attend the scheduled settlement conference and will have the ability to
negotiate and enter into any binding settlement on behalf of Defendant.” Id. at
2. See N.C.G.S. §143-300.6(a) (“The unit of State government that employed
the employee shall pay the first one hundred fifty thousand dollars ($150,000)
In view of Defendant’s representation that NCDPS is responsible for
Defendant’s liability, the undersigned will excuse a representative from any
involved insurance carrier (i.e., a representative other than the NCDPS
representatives) from participating in the conference.
With respect to Defendant’s participation, while defense counsel and the
NCDPS representatives may have authority to negotiate and enter a binding
settlement on behalf of Defendant, as a party to the case Defendant himself
has a vested interest in the matter and the undersigned otherwise believes
Defendant’s personal participation in the conference may be beneficial. To
ensure that such participation is not unduly burdensome, the undersigned has
previously advised that Defendant and his counsel may participate in the
settlement conference from different physical locations if they so choose, as
long as they are on one conference line during the conference. See Doc. 77 at 2.
IT IS THEREFORE ORDERED that the Motion to Excuse Attendance
at the Court-Hosted Settlement Conference (Doc. 78) is GRANTED IN PART
AND DENIED IN PART as follows:
(1) The request that a representative from any involved insurance carrier
(i.e., a representative other than the NCDPS representative) be excused
from participating is GRANTED; and
(2) The request that Defendant Nicholas E. Davis be excused from
personally participating in the November 16, 2021 settlement conference
Signed: October 6, 2021
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