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Mundwiller v. William Bee Ririe Hospital and Rural Clinic

United States District Court, D. Nevada

March 18, 2019

MATTHEW MUNDWILLER, Plaintiff,
v.
WILLIAM BEE RIRIE HOSPITAL and RURAL CLINIC, true name White Pine County Hospital District, Defendant.

          ORDER SCHEDULING EAIULY NEUTRAL EVALUATION SESSION

         Pursuant to the Court-Based Early Neutral Evaluation Program in the District of Nevada as outlined in Local Rule 16-6, an Early Neutral Evaluation Session is scheduled to commence on Wednesday, May 29, 2019, at 9:00 a.m., before Magistrate Judge Robert A. McQuaid, Jr., Fifth Floor Chambers, Bruce R. Thompson U.S. Courthouse and Federal Building, -00 South Virginia Street, Reno, Nevada.

         I. Purpose of Earl

         v Neutral Evaluation [LR 16-6(a)]

         The purpose of the Early Neutral Evaluation session (ENE) is to allow the evaluating magistrate judge to give the parties a candid evaluation of the merits of their claims and defenses.

         II. Exemption Motions [LR 16-6(c)]

         Any motion to exempt this case from the ENE program must be filed no later than seven (7) days after entry of this order scheduling the ENE. Any response to a motion for exemption must be filed within fourteen (14) days after service of the motion. The evaluating magistrate judge will decide the motion for exemption.

         III. Attendance of Trial Counsel and Client/Client Representatives [LR 16-6(e)]

         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 at the ENE; 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 ENE. This requires the presence of the plaintiff.

         The defendant shall appear in person, but if the defendant is a corporate, governmental, or other organizational entity, an authorized representative of the client must be present who can accept a settlement offer and can authorize dismissal of the action if it is settled. Such a representative of the defendant must have final settlement authority to commit the defendant to pay, in the representative's own discretion, a settlement amount up to the plaintiffs last demand. If board approval of a governmental entity will be required to authorize settlement, the attendance of at least one sitting member of the board (preferably the chairperson) is absolutely required.

         Any insurance company which may be contractually required to defend or 1:0 pay damages, if any, assessed within its policy limits in this case must have a fully authorized settlement representative present. Such representative must have final settlement authority to commit the O3mpany to pay, in the attending representative's own discretion, an amount within the policy limits, or up to the Plaintiffs last demand. If trial counsel has been fully authorized by a party's insurer to commit the client to pay or to accept in settlement the amount last proposed by the opponent, in counsel's sole discretion, and without having to make further contact with the insurance company, the client, client representative, or insurance company representative, as applicable, need not attend. If so, counsel should advise the court of this authority in the party's ENE statement.

         The purpose of the requirement of personal attendance is to have a representative present who has both the authority to exercise his or her own discretion, and the realistic freedom to exercise such discretion without the negative consequences, in order to settle the case during the ENE session without consulting someone else who is not present. In the event counsel for any party is aware of any circumstance which might cast doubt on a client's or a client's representative/insurer's compliance with this paragraph, he/she shall immediately discuss the circumstance with opposing counsel to attempt to resolve it well before the early neutral evaluation, and, if such discussion does not resolve it, request a telephone conference with the evaluating Magistrate Judge and counsel.

         Counsel appearing for the early neutral evaluation without their client representatives or insurance company representatives, unless authorized as described above, may cause die (ENE) session to be canceled or rescheduled. If this occurs, the non-complying party, attorney or insurer may be assessed the costs and expenses, including attorneys fees, incurred by other parties and the court as a result of such cancellation, as well as any additional sanctions deemed appropriate by the court. Counsel are responsible for timely advising any involved non-party insurance: company of die requirements of this order.

         Any exceptions to the above attendance requirements must be submitted to this court for approval at least one week in advance of the ENE session.

         IV. Preparation for Early Neutral Evaluation ...


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