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Entrust Retirement Trust XV v. Donner Creek Village Condominium Association

United States District Court, D. Nevada

February 14, 2018

ENTRUST RETIREMENT TRUST XV, etc., Plaintiff,
v.
DONNER CREEK VILLAGE CONDOMINIUM ASSOCIATION, et al., Defendants.

          DAYLE ELIESON United States Attorney

          GREG ADDINGTON Assistant United States Attorney, Attorneys for United States of America

          UNOPPOSED MOTION REQUESTING EXCEPTION TO SETTLEMENT CONFERENCE ATTENDANCE REQUIREMENT

         I. INTRODUCTION

         A settlement conference in this case is scheduled for February 26, 2018, at 9:00 a.m. before United States Magistrate Judge Valerie P. Cooke. The Order (#27) setting the settlement conference provides:

Unless excused by order of the court, clients or client representatives with complete authority to negotiate and consummate a settlement shall be in attendance at the settlement conference. This requires the presence of the client or if a corporate, governmental, or other organizational entity, an authorized representative of the client.
For a defendant, such representative must have final settlement authority to commit the organization to pay, in the representative's own discretion, a settlement up to the plaintiffs prayer, or up to the plaintiffs last demand, whichever is lower.

(Underscore text in original.)

         Defendant U.S. Department of Housing and Urban Development ("HUD") requests that the Court authorize Assistant United States Attorney ("AUSA") Greg Addington to participate in the settlement conference in person, along with HUD agency counsel as the settlement representatives for HUD. In addition to AUSA Addington and HUD agency counsel being personally present at the settlement conference, HUD program officials with pertinent responsibilities for oversight of HUD programs will be available by telephone throughout the duration of the settlement conference.[1]

         Counsel for the two other parties in this action (James M. Walsh and Christopher Lund) have each stated they have no objection to the relief requested herein.

         II. ARGUMENT

         A. Applicable Case Law

         The United States Supreme Court has stated that the federal Government is unlike any other civil litigant:

We have long recognized that the Government is not in a position identical to that of a private litigant, both because of the geographic breadth of government litigation and also, most importantly, because of the nature of the issues the government litigates. It is not open to serious dispute that the government is a party to a far greater ...

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