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Cellemme v. Sessions

United States District Court, D. Nevada

March 27, 2017

DREE ANN CELLEMME, Plaintiff,
v.
JEFF SESSIONS, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE; and FEDERAL BUREAU OF INVESTIGATION, Defendants.

          STEVEN W. MYHRE Acting United States Attorney.

          HOLLY 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 REQUESTED

          Peggy A. Leen United States Magistrate Judge.

         Defendants 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 for leave.

         BACKGROUND

         On 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).

         ARGUMENT

         Defense 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.

         CONCLUSION

         For the 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.

         IT IS SO ORDERED.

         DECLARATION OF HOLLY A. VANCE

         I, Holly A. Vance, hereby declare as follows pursuant to 28 U.S.C. § 1746:

         1. I serve as an Assistant United States Attorney with the Department of Justice, United States Attorney's Office in Reno, Nevada. I have ...


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