STIPULATION FOR EXCEPTION FROM ATTENDANCE REQUIREMENT AT EARLY NEUTRAL EVALUATION

(First Request)

CAM FERENBACH, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, that the insurance representative for Defendant Nevada Property 1, LLC dba The Cosmopolitan of Las Vegs ("The Cosmopolitan") be excused from physically attending the Early Neutral Evaluation ("ENE") session, currently scheduled for July 29, 2016. Should the Court require. The Cosmopolitan's insurance carrier representative can be available by telephone.

The request for exception is based on the fact that although Defendant is insured with AIG, Defendant has a substantial self-insured retention that is approximately $100,000 more than the Plaintiff's estimated damages. As such, any resolution of this matter at the ENE will be funded by The Cosmopolitan. In addition, the representative for AIG is located out of state and would be required to incur significant time and expense to travel to the ENE when the settlement value of this case is well within the amount of Defendant's self-insured retention. The insurance representative's absence will not adversely affect the ENE, and those present will have the appropriate settlement authority to reach a reasonable resolution at the ENE.

Based on the foregoing, the parties request that The Cosmopolitan's insurance representative be excused from in-person attendance at the ENE, currently scheduled for July 29, 2016, at 10:00 a.m.

ORDER

IT IS SO ORDERED.