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Ryan v. Barrick Goldstrike Mines Inc.

United States District Court, D. Nevada

July 8, 2019

LAWRENCE RYAN, Plaintiff,
v.
BARRICK GOLDSTRIKE MINES, INC., Defendant.

          ORDER SCHEDULING EARLY 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 Thursday, August 29, 2019 at 1:30 p.m., before the Honorable William G. Cobb, in Reno Courtroom 2, Bruce R. Thompson U.S. Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada.

         I. Purpose of Early 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 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 to 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 company to pay, in the attending representative's own discretion, an amount within the policy limits, or up to the Plaintiffs last demand.

         The purpose of the requirement of person attendance is to have a representative present who has both the authority to exercise his or her own discretion, and die realistic freedom to exercise such discretion witiiout die negative consequences, in order to settle the case during the ENE without consulting someone else who is not present. In die 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 ENE, and if such discussion does not resolve it, request a telephone conference with the evaluation magistrate judge and counsel.

         Counsel appearing for the ENE without their client representatives or insurance company representatives, unless authorized by the court, may cause the ENE to be canceled or rescheduled. If this occurs, the non-complying party, attorney, attorney or insurer may be assessed the cost and expenses, including attorney 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 the requirement 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.

         IV. Preparation for Early Neutral Evaluation ...


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