Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Demarigny v. Wyndham Vacation Resorts Inc.

United States District Court, D. Nevada

July 24, 2018

JOHN DEMARIGNY Plaintiff,
v.
WYNDHAM VACATION RESORTS INC., et al., Defendants.

          AMENDED ORDER SCHEDULING EARLY NEUTRAL EVALUATION SESSION

          PEGGY A. LEEN, UNITED STATES MAGISTRATE JUDGE.

         This amended order corrects the date due for the confidential ENE statement.

         Pursuant to the current court-based Early Neutral Evaluation (“ENE”) Program in the District of Nevada as outlined in LR 16-6, an ENE session has been scheduled to commence at 9:30 a.m., September 21, 2018, in the chambers of the undersigned U.S. Magistrate Judge, Room 3071, Lloyd D. George United States Courthouse, Las Vegas Boulevard South, Las Vegas, Nevada, 89101.

         The court expects the parties to make immediate arrangements to clear their schedules to make themselves and persons with full authority present on the date scheduled. The court is referred a large number of ENE's and settlement conferences. Untimely requests to vacate and reschedule an ENE make the scheduled date unavailable for other litigants waiting their turn. For these reasons, a request to reschedule made less than 14 days before the scheduled ENE will not be granted absent compelling circumstances, a strong showing of good cause, and an explanation of why any scheduling conflict could not be resolved.

         All counsel of record who will be participating in the trial of this case, all parties appearing pro se, if any, and all individual parties must be present. In the case of non-individual parties, counsel shall arrange for a representative with binding authority to settle this matter up to the full amount of the claim to be present for the duration of the ENE session.

         If any party is subject to coverage by an insurance carrier, then a representative of the insurance carrier with authority to settle this matter up to the full amount of the claim must also be present for the duration of the ENE session.

         A request for an exception to the above attendance requirements must be filed and served within seven days after entry of an order scheduling the ENE session. A response to the motion for exemption must be filed within 14 days after service of the original motion. A reply will not be allowed. The evaluating magistrate judge has final authority to grant or deny any motion requesting exemption from the program and may exempt any case from early neutral evaluation on the judge's own motion. These orders are not appealable. Unless excused by the evaluating magistrate judge, the parties with authority to settle the case and their attorneys must attend the early neutral session in person.

         PREPARATION FOR ENE SESSION

         In preparation for the ENE session, the attorneys for each party, and the parties appearing pro se, if any, shall submit a confidential written ENE statement for the court's in camera review. The ENE statement shall be concise and shall:

1. Identify, by name or status the person(s) with decision-making authority, who, in addition to counsel, will attend the ENE session as representative(s) of the party, and persons connected with a party opponent (including an insurer representative) whose presence might substantially improve the utility of the ENE session or the prospects of settlement;
2. Describe briefly the substance of the suit, addressing the party's views on the key liability issues and damages;
3. Address whether there are legal or factual issues whose early resolution would reduce significantly the scope of the dispute or contribute to settlement negotiations;
4. Describe the history and status of settlement negotiations;
5. Include copies of documents, pictures, recordings, etc., out of which the suit arose, or whose availability would materially advance the purpose of the evaluation session (e.g., medical reports, documents ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.