REQUEST FOR EXCEPTION FROM PERSONAL ATTENDANCE AT SETTLEMENT CONFERENCE

CARL W. HOFFMAN, Magistrate Judge

Defendants/Counter-claimants Beasley FM Acquisition Corporation, Beasley Broadcasting of Nevada, LLC, WAEC License Limited Partnership and KJUL License LLC (hereinafter collectively "Beasley Broadcasting") by and through their counsel, SHERI M. THOME and CHAD C. BUTTERFIELD of the law firm of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, hereby submit the instant request for exception from personal attendance at the settlement conference scheduled for June 8, 2016 before Magistrate Judge Hoffman. [Dkt. #269]

Relevant Background

The Court is undoubtedly familiar with the facts of this case, which are not repeated in detail here, except as necessary for this request. In 2009, Plaintiff Silver State Broadcasting, LLC purchased from Beasley Broadcasting of Nevada, LLC, WAEC License Limited Partnership, and KJUL License LLC substantially all of the assets for us in operating two broadcast radio stations in Las Vegas, Nevada. Apparently unsatisfied with the transaction, Plaintiffs Silver State Broadcasting, LLC, Royce International Broadcasting Corporation, and Golden State Broadcasting, LLC filed suit against Beasley Broadcasting and Michael J. Bergner dba Bergner & Co., who acted as Silver State Broadcasting, LLC's broker in the transaction. Plaintiffs asserted numerous claims against Beasley Broadcasting and alleged losses of approximately $96,000,000 resulting from the transaction. Through extensive motion practice, Beasley Broadcasting prevailed on all claims Plaintiffs had asserted. [See Dkt. ## 230, 266]

Beasley Broadcasting has also asserted counter-claims against Silver State Broadcasting, LLC arising out of Silver State's breach of agreements primarily arising out of the purchase of assets from Beasley Broadcasting. On January 25, 2016, the Court granted summary judgment, in part, on Beasley Broadcasting's counter-claims for Breach of Contract — APA and Assignment and Assumption Agreement; and Breach of Contract — Sublease. As to the claim for Breach of Contract — APA and Assignment and Assumption Agreement, the Court granted summary judgment as to liability, but found that genuine issues of material fact remained as to damages, thus leaving that issue for trial. As to the Counter-claims for Breach of Sublease, the Court granted summary judgment in favor of Beasley Broadcasting in the amount of $93,061.44. [Dkt. #251] Accordingly, the Counter-Claims that remain for trial include: (1) Breach of Contract — APA and Assignment and Assumption Agreement (as to damages only); (2) Breach of Implied Covenant — APA and Assignment and Assumption Agreement; (3) Breach of Implied Covenant — Sublease; (4) Indemnity under APA; (5) Indemnity Under Sublease; and (6) Unjust Enrichment. As stated above, none of Plaintiffs' claims remain.

Beasley Broadcasting respectfully requests an exception from personal attendance for their insurance representative, John J. Mastrantonio of AIG. Mr. Mastrantonio's attendance and participation in the settlement conference is unnecessary as Plaintiffs have no remaining claims against Beasley Broadcasting for which insurance coverage is available, and the only claims at issue for trial are Beasley Broadcasting's counter-claims against Silver State Broadcasting, LLC. Furthermore, should the parties wish to resolve all matters at the settlement conference, Beasley Broadcasting will have a client representative with full authority to make any such decisions present at the settlement conference. To the extent Mr. Mastrantonio's limited participation is necessary, Beasley Broadcasting requests authority to allow him to appear telephonically.

ORDER

GOOD CAUSE SHOWN, IT IS SO ORDERED that Beasley Broadcasting's insurance representative from AIG shall be excused from personally appearing at the June 8, 2016 settlement conference. The representative shall make himself or herself available by telephone.