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BALAYAN v. SERVICE COMPANIES, INC., 2:15-cv-01880 (JAD) (VCF). (2015)

Court: District Court, D. Nevada Number: infdco20151222895 Visitors: 2
Filed: Nov. 18, 2015
Latest Update: Nov. 18, 2015
Summary: Order granting MOTION TO CHANGE THE DATE OF THE EARLY NEUTRAL EVALUATION SESSION NANCY J. KOPPE , Magistrate Judge . Defendant The Service Companies, Inc., a Florida Corporation ("Defendant"), by and through its attorneys, Fox Rothschild LLP, hereby moves this Court for an order to change the date of the Early Neutral Evaluation Session currently set for January 14, 2016 at 9:30 a.m. This Motion does not raise any legal issues, therefore a Memorandum of Points and Authorities is not necess
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Order granting

MOTION TO CHANGE THE DATE OF THE EARLY NEUTRAL EVALUATION SESSION

Defendant The Service Companies, Inc., a Florida Corporation ("Defendant"), by and through its attorneys, Fox Rothschild LLP, hereby moves this Court for an order to change the date of the Early Neutral Evaluation Session currently set for January 14, 2016 at 9:30 a.m. This Motion does not raise any legal issues, therefore a Memorandum of Points and Authorities is not necessary.

1. Pursuant to the current Court-Based Early Neutral Evaluation ("ENE") Program in the District of Nevada, this Court scheduled the ENE to begin on January 14, 2016 at 9:30 a.m. in an Order dated November 4, 2015 (the "Order"). [Docket Entry No. 8].

2. The Order requires the following individuals, inter alia, to be present in person for the duration of the ENE session: (1) all counsel of record who will be participating in the trial; (2) an officer or representative with binding authority to settle this matter up to the full amount of the claim; and (3) a representative of the insurance carrier with authority to settle this matter up to the full amount of the claim. [Id. at 1].

3. In addition, the Order requires that "[a]ny request to change the date of the ENE must be made in writing and must be filed within 14 days of the issuance of this order. Such requests must include at least 5 alternative dates on which all required participants are available to attend the ENE." [Id.].

4. Due to a prior scheduling conflict, Defendant's counsel will be unable to attend the ENE on January 14, 2016.

5. Having contacted and conferred with all parties whose presence is required at the ENE, Defendant, with the consent of Plaintiff's counsel, respectfully requests that the ENE be adjourned to one of the 5 following alternative dates: (1) February 2, 2016; (2) February 3, 2016; (3) February 4, 2016; (4) February 16, 2016; or (5) February 17, 2016.

6. Finally, the Order also directs the parties to submit written evaluation statements no later than January 7, 2016. [Id. at 3]. In light of Defendant's request to adjourn the January 14, 2016 ENE, Defendant also requests that the January 7, 2016 deadline to submit written evaluation statements be adjourned to one week in advance of the new ENE date.

WHEREFORE, Defendant requests an Order directing as follows:

1. That the January 14, 2016 ENE be adjourned to one of the 5 alternative dates jointly proposed by the parties; and

2. That the January 7, 2016 deadline to submit written evaluation statements be similarly adjourned to one week prior to the new ENE date.

This motion is GRANTED. The ENE is continued to 9:30 a.m. on February 4, 2016. ENE statements shall be submitted by January 28, 2016. All other requirements outlined in the order at Docket No. 8 continue to govern. IT IS SO ORDERED.

Source:  Leagle

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