United States District Court, D. Nevada
W. MYHRE Acting United States Attorney.
A. VANCE Assistant United States Attorney.
UNOPPOSED MOTION FOR LEAVE TO FILE UNOPPOSED MOTION
FOR RELIEF FROM REQUIREMENT THAT PERSON WITH SETTLEMENT
AUTHORITY ATTEND SETTLEMENT CONFERENCE EXPEDITED REVIEW
A. Leen United States Magistrate Judge.
hereby move for leave to file the attached Unopposed Motion
for Relief from Requirement that Person with Settlement
Authority Attend Settlement Conference. Plaintiff Dree Ann
Cellemme (“Plaintiff”) was contacted and has
advised that she does not object to Defendants' motion
February 10, 2017, the Court scheduled an early neutral
evaluation (“ENE”) session in this case for April
13, 2017, at 1:30 p.m. before United States Magistrate Judge
Peggy A. Leen. (ECF No. 18). The order setting the ENE
conference requires a government representative with
“full [settlement] authority” to attend the
conference. (ECF No. 18 p. 1). The order also requires that
any request for an exception to the attendance requirement be
filed within seven days after the issuance of the Court's
order. (ECF No. 18 p. 2). The order scheduling the ENE
session issued on February 10, 2017, and thus the deadline
for seeking exceptions to the Court's attendance
requirements was February 17, 2017. (ECF No. 18 p. 2).
counsel has been out of the office on business and for
numerous health issues and medical appointments over the last
month and was unable to file a timely motion for relief from
the Court's ENE attendance requirements. (Vance Decl.
¶ 4). Defense counsel contacted Plaintiff via e-mail and
Plaintiff advised that she does not object to Defendants'
request for leave to file their Unopposed Motion for Relief
from Requirement that Person with Settlement Authority Attend
Settlement Conference. (Vance Decl. ¶ 3). Moreover, no
prejudice would result from the granting of the motion
because both parties wish for the ENE session to proceed.
Under the circumstances, the motion for leave should be
granted so that Defendants' underlying motion can be
considered and decided before the ENE session takes place.
reasons argued above, Defendants respectfully request that
Defendants' Unopposed Motion for Leave to File Unopposed
Motion for Relief from Requirement that Person with
Settlement Authority Attend Settlement Conference be granted.
OF HOLLY A. VANCE
Holly A. Vance, hereby declare as follows pursuant to 28
U.S.C. § 1746:
serve as an Assistant United States Attorney with the
Department of Justice, United States Attorney's Office in
Reno, Nevada. I have ...