Brunston v. Gaughan South LLC

• Court: District Court, D. Nevada
• Decided: February 7, 2023
• Docket: 2:21-cv-01947
• Status: Unknown

Opinion

5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

8 KEVIN BRUNSTON, Case No. 2:21-cv-01947-JAD-NJK 9 Plaintiff(s), Order 10 v. [Docket No. 55] 11 GAUGHAN SOUTH LLC, et al., 12 Defendant(s). 13 Pending before the Court is a motion to excuse Defendant Chris Bianchi from participating 14 in the settlement conference. Docket No. 55.1 15 The motion provides no explanation as to why Defendant Bianchi would like to be excused 16 from the settlement conference (e.g., whether he has a scheduling conflict). Moreover, insufficient 17 explanation has been provided as to why a named defendant’s absence from a settlement 18 conference is appropriate. The Court requires named parties to attend settlement conferences for 19 a variety of reasons, including the need for appropriate settlement authority and the need to hear 20 from the parties as key witnesses to the alleged events. 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). When a settlement is 22 reached at a settlement conference, the Court also puts the terms of that settlement on the record 23 with all parties present as a binding agreement between the parties. See, e.g., Doi v. Halekulani 24 Corp., 276 F.3d 1131, 1137-38 (9th Cir. 2002). Although the motion indicates that Defendant 25 Bianchi’s absence will not impair full settlement authority, the motion does not address whether 26 his absence may otherwise impede the settlement conference. 27

28 1 The complaint misidentifies this defendant as Chris Bianca. See id. at 1. ] Accordingly, the motion to excuse Defendant Bianchi from the settlement conference 1s DENIED without prejudice. 3 IT IS SO ORDERED. 4 Dated: February 7, 2023

Nancy J. a 6 United States Magistrate Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28