LaKemper v. Solomon et al

Filing 123

ORDER granting in part and denying in part Defendants' 122 Motion to Excuse their Attendance at the Court-Hosted Settlement Conference as follows: Defendants' request that Defendants Brothers, Dula, Swain, and Che ster be excused from personally participating in the August 18, 2020 settlement conference is DENIED. Defendants, their counsel, and a representative of the North Carolina Department of Public Safety are GRANTED LEAVE to participate in the settlemen t conference from different physical locations as noted. Defendants request that a representative from any involved insurance carrier be excused from personally appearing is GRANTED; however, defense counsel shall ensure that such representative with settlement authority is available during the settlement conference by telephone. Signed by Magistrate Judge W. Carleton Metcalf on 8/11/2020. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17 CV 73 MR WCM
COBEY LAKEMPER,

)
)
Plaintiff,
)
)
v.
)
)
GEORGE T. SOLOMON, Director of Prisons, )
ERIC T. DYE, Assistant Superintendent –
)
Alexander C.I., BENJAMIN A. CARVER,
)
Assistant Superintendent - Alexander C.I.,
)
ARTHUR A. SICIAK, Unit Manager –
)
Alexander C.I., RUSSELL CHESTER,
)
THOMAS DULA, CHRISTOPHER RICH,
)
Chief SRG Coordinator – Division of Prisons, )
FELIX TAYLOR, Superintendent –
)
Pasquotank C.I., COLBERT RESPESS,
)
Assistant Superintendent –Pasquotank C.I.,
)
JOSEPH HARRELL, Assistant
)
Superintendent – Pasquotank C.I.,
)
LEVI BROTHERS, SRG Correctional Officer – )
Pasquotank C.I., LARRY SWAIN, SRG
)
Correctional Officer – Pasquotank C.I.,
)
FNU BLANKENSHIP, Correctional Officer – )
Alexander C.I., KENNETH E. LASSITER,
)
Director of Prisons
)
)
Defendants.
)
__________________________________
)

ORDER

This matter is before the Court on Defendants’ Motion to Excuse their
Attendance at the Court-Hosted Settlement Conference (the “Motion,” Doc.
122).

A telephonic settlement conference is set for August 18, 2020 beginning
at 11:00 a.m.

The Court’s Order of July 30, 2020 provided instructions

regarding the Court’s expectations concerning the parties’ participation in that
conference.
By their Motion, the remaining Defendants—Brothers, Dula, Swain, and
Chester (“Defendants”)—request that they and any insurance carrier (not
including a representative of the North Carolina Department of Public Safety
(“NCDPS”)) be excused from personally attending the conference. Doc. 122.
Defendants contend that this request is justified because NCDPS, as
Defendants’ employer, is responsible for the first $150,000.00 of liability and
because a representative of NCDPS, along with counsel for Defendants, “will
have the ability to negotiate and enter into any binding settlement agreement
on behalf of Defendants.” Id. at p. 2.
Defendants also seek permission for their counsel and the NCDPS
representative to participate in the settlement conference from separate
locations. Defendants explain that although counsel and the NCDPS
representative “will attempt to secure a location large enough to socially
distance,” they “would prefer to each participate in separate locations to avoid
wearing masks that may distort voices and make a conference call difficult.”
Id.

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With respect to Defendants’ participation, while defense counsel and the
NCDPS representative may have authority to negotiate and enter a binding
settlement on behalf of Defendants, as parties to the case Defendants
themselves have a vested interest in the matter and the undersigned otherwise
believes Defendants’ personal participation in the conference would be
beneficial.
As for Defendants’ location during the conference, under ideal
conditions, the undersigned and all parties would be present physically at the
same location. The circumstances of this matter and the current public health
situation, though, require other arrangements. While the effectiveness of the
conference could be diminished if Defendants, their counsel, and the NCDPS
representative appear from separate locations, the undersigned also
appreciates the need for social distancing.

Therefore, Defendants, their

counsel, and the NCDPS representative will be given leave to appear
telephonically from different physical locations during the settlement
conference, with the caveat that defense counsel is responsible for ensuring
that all Defendants, their counsel, and the NCDPS representative are on one
conference line during the conference.
Considering Defendants’ representation that NCDPS is responsible for
the first $150,000.00 of Defendants’ liability, the undersigned will excuse a
representative from any involved insurance carrier (i.e., a representative other
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than the NCDPS representative) from participating in the conference
personally, provided that such a representative is available by telephone
during the settlement conference if his or her input is necessary.
IT IS THEREFORE ORDERED that Defendants’ Motion to Excuse their
Attendance at the Court-Hosted Settlement Conference (Doc. 122) is
GRANTED IN PART AND DENIED IN PART as follows:
(1) Defendants’ request that Defendants Brothers, Dula, Swain, and
Chester be excused from personally participating in the August 18, 2020
settlement conference is DENIED;
(2) Defendants, their counsel, and a representative of the North Carolina
Department of Public Safety (“NCDPS”) are GRANTED LEAVE to
participate in the settlement conference from different physical
locations, provided that defense counsel ensures that all Defendants,
their counsel, and the NCDPS representative are on one conference line.

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(3) Defendants’ request that a representative from any involved insurance
carrier (i.e., a representative other than the NCDPS representative) be
excused from personally appearing is GRANTED; however, defense
counsel shall ensure that such representative with settlement authority
is available during the settlement conference by telephone as may be
necessary.

Signed: August 11, 2020

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