United States District Court, D. Nevada
KARMELLE E. WEGMAN, Plaintiff,
JOHNSON'S CARSON CITY RV, Inc., Defendant.
ORDER SCHEDULING EARLY NEUTRAL EVALUATION
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
THRUSDAY, DECEMBER 5, 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, 400 South Virginia Street, Reno, Nevada.
Purpose of Early Neutral Evaluation [LR 16-6(a)]
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.
Exemption motions [LR 16-6(c)]
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
Attendance of Trial Counsel and Client/Client Representatives
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.
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.
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
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
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 the realistic freedom to
exercise such discretion without the negative consequences,
in order to settle the case during the ENE 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 ENE, and if such discussion does
not resolve it, request a telephone conference with the
evaluation magistrate judge and 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.
exceptions to the above attendance requirements must be
submitted to this court for approval at least one week in
advance of the ENE.
Preparation for Early Neutral Evaluation ...