Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: REQUEST FOR EXEMPTIONS FROM ENE ATTENDANCE REQUIREMENT BRENDA WEKSLER , Magistrate Judge . TO: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, Honorable Brenda Weksler, United States Magistrate Judge; TO: KAREN CALE-POWELL, Plaintiff; TO: MICHAEL URBAN Esq., her attorney: Defendants CLARK COUNTY, JEFF WELLS, YOLANDA KING, SANDY JEANTETE and DON BURNETTE through their attorney STEVEN B. WOLFSON, District Attorney, by Scott Davis, Deputy District Attorney, in accordance with the
Summary: REQUEST FOR EXEMPTIONS FROM ENE ATTENDANCE REQUIREMENT BRENDA WEKSLER , Magistrate Judge . TO: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, Honorable Brenda Weksler, United States Magistrate Judge; TO: KAREN CALE-POWELL, Plaintiff; TO: MICHAEL URBAN Esq., her attorney: Defendants CLARK COUNTY, JEFF WELLS, YOLANDA KING, SANDY JEANTETE and DON BURNETTE through their attorney STEVEN B. WOLFSON, District Attorney, by Scott Davis, Deputy District Attorney, in accordance with the O..
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REQUEST FOR EXEMPTIONS FROM ENE ATTENDANCE REQUIREMENT
BRENDA WEKSLER, Magistrate Judge.
TO: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, Honorable Brenda Weksler, United States Magistrate Judge;
TO: KAREN CALE-POWELL, Plaintiff;
TO: MICHAEL URBAN Esq., her attorney:
Defendants CLARK COUNTY, JEFF WELLS, YOLANDA KING, SANDY JEANTETE and DON BURNETTE through their attorney STEVEN B. WOLFSON, District Attorney, by Scott Davis, Deputy District Attorney, in accordance with the Order Scheduling Early Neutral Evaluation Session (ECF # 13), request exemptions to the attendance requirements set forth therein as follows:
The authority of the Court to schedule an Early Neutral Evaluation ("ENE") is found in LR 16-6. The issue of representation by a public body defendant at a settlement conference was addressed by the Advisory Committee to the Federal of Rules of Civil Procedure in 1993. The Advisory Committee noted with regard to ordering the appearance of a governmental entity, as follows:
Particularly in litigation in which governmental agencies or large amounts of money are involved, there may be no one with onthe-spot settlement authority, and the most that should be expected is access to a person who would have a major role in submitting a recommendation to the body or board with ultimate decision-making authority. The selection of the appropriate representative should ordinarily be left to the party and its counsel.
Advisory Committee Note to 1993 Amendments to Fed. R. Civ. P. 16(c)(9) (emphasis added.)
In this case, a seven-member Board of County Commissioners for Clark County has the ultimate authority to settle the case on behalf of Clark County. Defendant Clark County requests exception from attendance by the Board of County Commissioners pursuant to LR 16-6(e). Les Lee Shell, the Risk Manager for Clark County is the appropriate representative and will attend the ENE. In addition, Clark County Human Resources Manager Sandy Jeantete and Clark County Assistant County Manager Jeff Wells will be in attendance on behalf of Clark County.
In addition representation to the individual defendants is being provided by Clark County pursuant to NRS 41.0349. This section provides for indemnification. On these grounds it is not necessary for Defendants Burnette and King to attend as any financial considerations relative to settlement will be made by Clark County and the representatives of Clark County who will be in attendance.
CONCLUSION
Based upon the foregoing, Defendants request an exception to the attendance requirements for the ENE to excuse the attendance of the Clark County Board of County Commissioners and to excuse the attendance of the Defendants Burnette and King. The appropriate personnel from Clark County for settlement discussions will be in attendance at the ENE.
IT IS SO ORDERED
