Bang v. New Prime, Inc.

Opinion

5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

8 YOUNG TAE BANG, et al., Case No. 2:23-cv-01428-CDS-NJK 9 Plaintiff(s), Order 10 v. [Docket No. 35] 11 JESUS ELIAS ESPINOZA, et al., 12 Defendant(s). 13 Pending before the Court is a stipulation to excuse Defendant Jesus Elias Espinoza from 14 participating in the upcoming settlement conference. Docket No. 35. 15 Quite clearly, the need to have full settlement authority present during a settlement 16 conference is an important threshold requirement. E.g., Nick v. Morgan’s Food, Inc., 270 F.3d 17 590, 597 (8th Cir. 2001). That is not the only reason for party attendance, though. A foundational 18 aspect of a settlement conference is the evaluation of the strengths and weaknesses in the case. Cf. 19 Local Rule 16-6(f)(1)(E). That evaluation includes the presiding judge’s assessment as to how 20 parties who are key fact witnesses will present at trial. See, e.g., HSBC Bank USA, N.A. v. 21 Flamingo 316, LLC, 2019 WL 2358391, at *3 n.7 (D. Nev. June 4, 2019).1 That evaluation may 22 also require in-depth discussion of the facts, which is not always limited to the information in the 23 hands of counsel or high-level decisionmakers during the settlement conference. In the Court’s 24 experience, obtaining full understanding of the facts may require input from the parties themselves 25 during the settlement conference.

26 27 1 This case is poised for a jury trial. See Docket No. 32 at 16. Evaluating how parties will 28 present at trial is particularly significant in cases headed to jury trials. ] The instant request seeks to excuse Defendant Espinoza from the settlement conference. 2|| This is car accident case in which Defendants contest liability, Docket No. 32 at 1, and Defendant Espinoza was the driver involved in the crash. While the instant stipulation explains that a 4|| corporate representative will appear with full authority at the settlement conference, the stipulation 5| fails to explain why Defendant Espinoza’s attendance is not still warranted given the other relevant 6]| considerations. 7 Accordingly, the stipulation to excuse Defendant Jesus Elias Espinoza from participating 8|| in the upcoming settlement conference is DENIED without prejudice. 10 Dated: May 14, 2025 he. Nancy J. Koppe, 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28