Filed: Oct. 24, 2016
Latest Update: Oct. 24, 2016
Summary: DEFENDANTS RAINBOW 1606, INC. DBA IHOP AND FARSHAD ASHOORI'S REQUEST FOR EXCEPTION TO EARLY NEUTRUAL EVALUATION SESSION ATTENDANCE REQUIREMENTS; ORDER NANCY J. KOPPE , Magistrate Judge . COME NOW Defendants Rainbow 1606, Inc. dba IHOP and Farshad Ashoori, by and through their legal counsel, the law firm of Tyson & Mendes LLP, and hereby submit their Request for exception to the insurance carrier's (Crum & Forster) attendance at the Early Neural Evaluation Conference (ENE) currently set for
Summary: DEFENDANTS RAINBOW 1606, INC. DBA IHOP AND FARSHAD ASHOORI'S REQUEST FOR EXCEPTION TO EARLY NEUTRUAL EVALUATION SESSION ATTENDANCE REQUIREMENTS; ORDER NANCY J. KOPPE , Magistrate Judge . COME NOW Defendants Rainbow 1606, Inc. dba IHOP and Farshad Ashoori, by and through their legal counsel, the law firm of Tyson & Mendes LLP, and hereby submit their Request for exception to the insurance carrier's (Crum & Forster) attendance at the Early Neural Evaluation Conference (ENE) currently set for D..
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DEFENDANTS RAINBOW 1606, INC. DBA IHOP AND FARSHAD ASHOORI'S REQUEST FOR EXCEPTION TO EARLY NEUTRUAL EVALUATION SESSION ATTENDANCE REQUIREMENTS; ORDER
NANCY J. KOPPE, Magistrate Judge.
COME NOW Defendants Rainbow 1606, Inc. dba IHOP and Farshad Ashoori, by and through their legal counsel, the law firm of Tyson & Mendes LLP, and hereby submit their Request for exception to the insurance carrier's (Crum & Forster) attendance at the Early Neural Evaluation Conference (ENE) currently set for December 20, 2016.
The insurance carrier for Rainbow 1606, Inc. is Crum & Forster, which is located in Morristown, New Jersey. The insurance representative, Anne Foersch, works out of the Morristown, New Jersey office. (See Declaration of Anne Foersch in Support of Request for Exception to Early Neutral Evaluation Session Attendance Requirements (hereinafter referred to as "Foersch Decl.") ¶ 2.) It would be hardship for Ms. Foersch to attend the ENE in person because this would entail her being on the road for three days (2 days of travel to/from Las Vegas) which is extremely difficult for her due to her claim load, and ongoing matters that she is handling. (Id. at ¶ 4.) Moreover, Ms. Foersch cannot send another person in her place as she is the person responsible for this matter. (Ibid.)
As the insurance representative has indicated, she is providing settlement authority to defense counsel Tyson & Mendes prior to the ENE, and she will be available via telephone both during and after her work hours for the entire length of the ENE. (Id. at ¶ 5.) Ms. Foersch will further provide defense counsel additional settlement authority, if necessary, to effectuate resolution of this matter. (Ibid.)
Defendants and their counsel will appear in person at the ENE. Defendants and their counsel submit that the ENE can proceed without the in person appearance of the insurance representative, and are comfortable with having the insurance representative available via telephone throughout the ENE.
Defendants' counsel has discussed the matter with Plaintiffs' counsel who has no objection to the insurance representative (Anne Foersch) participating via telephone.
Defendants therefore request that the insurance representative (Anne Foersch) be exempted from attending the ENE in person, and be allowed to participate in the ENE via telephone.
IT IS SO ORDERED.
