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HULBERT v. AINSWORTH GAME TECHNOLOGY, INC., 2:16-cv-01552-GMN-CWH. (2016)

Court: District Court, D. Nevada Number: infdco20160929e13 Visitors: 7
Filed: Sep. 27, 2016
Latest Update: Sep. 27, 2016
Summary: DEFENDANT'S REQUEST FOR EXCEPTION TO EARLY NEUTRAL EVALUATION ATTENDANCE REQUIREMENTS CAM FERENBACH , Magistrate Judge . Defendant Ainsworth Game Technology, Inc. ("Defendant"), by and through its counsel Jackson Lewis P.C., hereby respectfully requests an exception to the early neutral evaluation ("ENE") attendance requirements. Defendant is insured with Freedom Specialty Insurance Co. ("Freedom Specialty"). However, Defendant's insurance policy contains a substantial self-insured retenti
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DEFENDANT'S REQUEST FOR EXCEPTION TO EARLY NEUTRAL EVALUATION ATTENDANCE REQUIREMENTS

Defendant Ainsworth Game Technology, Inc. ("Defendant"), by and through its counsel Jackson Lewis P.C., hereby respectfully requests an exception to the early neutral evaluation ("ENE") attendance requirements.

Defendant is insured with Freedom Specialty Insurance Co. ("Freedom Specialty"). However, Defendant's insurance policy contains a substantial self-insured retention, and Freedom Specialty is located in the State of New York, thus a representative from Freedom Specialty would incur substantial cost and time requirements to travel to the State of Nevada for the Early Neutral Evaluation Session. A representative from Specialty Insurance can participate equally effectively via telephone.

The parties conferred regarding this request on September 26, 2016. Plaintiff's counsel indicated that he has no objection to the representative of the insurance company appearing telephonically as needed. Moreover, participation by the insurance carrier via telephone will not adversely affect the ENE, and Defendant will attend the ENE with appropriate settlement authority.

Based on the foregoing, Defendant respectfully requests that a representative from Defendant's insurance carrier be excused from attending in person the ENE; however, a representative will be available telephonically as needed.

Source:  Leagle

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