Coffman v. Allegiant Air, LLC, No. 2:2020cv01444 - Document 33 (D. Nev. 2020)
Court Description: ORDER granting 32 Request for Exception from Attendance at Early Neutral Evaluation. Signed by Magistrate Judge Daniel J. Albregts on 12/29/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Coffman v. Allegiant Air, LLC Doc. 33 Case 2:20-cv-01444-GMN-BNW Document 33 32 Filed 12/29/20 12/23/20 Page 1 of 6 2 1 2 3 4 5 6 7 8 9 10 11 12 JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 JACKSON LEWIS P.C. 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 Telephone: (702) 921-2460 Facsimile: (702) 921-2461 E-Mail: joshua.sliker@jacksonlewis.com SARAH P. WIMBERLY, ESQ. (pro hac vice) Georgia Bar No. 579555 FORD HARRISON LLP 271 – 17th Street, NW, Suite 1900 Atlanta, Georgia 30363 Telephone: (404) 888-3800 Facsimile: (404) 888-3863 Email: SWimberly@fordharrison.com Attorneys for Defendant Allegiant Air, LLC 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 Case No. 2:20-cv-01444-GMN-BNW COLLIN COFFMAN, 16 Plaintiff, 17 18 19 20 v. DEFENDANT’S REQUEST FOR EXCEPTION FROM ATTENDANCE AT EARLY NEUTRAL EVALUATION ALLEGIANT AIR, LLC, Defendant. 21 Defendant ALLEGIANT AIR, LLC (“Allegiant Air” or “Defendant”), by and through its 22 counsel Jackson Lewis P.C., respectfully requests an exception to the early neutral evaluation 23 (“ENE”) attendance requirements. Specifically, Defendant requests that Defendant’s insurance 24 carrier be excused from attending the ENE. Should the Court require, the carrier representative can 25 be available by telephone. 26 This request for exception is based on the fact that, although Defendant’s employment 27 practices liability is insured with Nationwide, Defendant has a substantial, six-figure self-insured 28 JACKSON LEWIS P.C. LAS VEGAS Dockets.Justia.com Case 2:20-cv-01444-GMN-BNW Document 33 32 Filed 12/29/20 12/23/20 Page 2 of 6 2 1 retention and any resolution of this matter at the ENE will be funded solely by Defendant. Plaintiffs 2 Jeremy Coffman and William Adams are claiming $35,000 and $30,000, respectively, in lost wages 3 and benefits, unspecified compensatory damages, and reinstatement to their former positions with 4 Allegiant Air. See Plaintiffs’ Initial Disclosure Statement, pp. 5-6. a true and correct copy of the 5 relevant portion is attached hereto as Exhibit 1. Plaintiffs Jeremy Adams, Earnest Bowne, Eddie 6 Muriel and Matthew Schoen are not claiming any monetary damages and seek only injunctive relief. 7 Id. 8 Given the nature of the allegations against Allegiant Air and Plaintiffs’ Computation of 9 Damages, it and Nationwide both agree that this matter can be resolved within Defendant’s retention 10 given that the settlement value of this case is well within the amount of Defendant’s retention. The 11 insurance representative’s absence will not adversely affect the ENE, and those present will have 12 the appropriate settlement authority to reach a reasonable resolution at the ENE. 13 Based on the foregoing, Defendant respectfully requests Defendant’s carrier be excused from 14 attending the ENE currently scheduled for January 8, 2021, at 10:00 a.m., or as thereafter 15 rescheduled. Should the Court require, the carrier representative will be available telephonically. 16 DATED this 23rd day of December, 2020. 17 JACKSON LEWIS P.C. 18 /s/ Joshua A. Sliker_____________________ JOSHUA A. SLIKER, ESQ. Nevada Bar No. 12493 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 19 20 21 22 23 Attorneys for Defendant Allegiant Air, LLC IT IS SO ORDERED. DATED: December 29, 2020 24 25 26 ______________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 27 28 JACKSON LEWIS P.C. LAS VEGAS 2 Case Case2:20-cv-01444-GMN-BNW 2:20-cv-01444-GMN-BNW Document Document32-1 33 Filed Filed12/29/20 12/23/20 Page Page31ofof64 EXHIBIT 1 EXHIBIT 1 Relevant Portions of Plaintiffs' Initial Disclosure Statement EXHIBIT 1 Case Case2:20-cv-01444-GMN-BNW 2:20-cv-01444-GMN-BNW Document Document32-1 33 Filed Filed12/29/20 12/23/20 Page Page42ofof64 1 2 3 4 5 6 7 8 9 NOVARA TESIJA & CATENACCI, PLLC NATHAN R. RING, Nevada State Bar No. 12078 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Phone: (702) 301-0081 Email: nrr@ntclaw.com Counsel for Plaintiffs NICOLAS MANICONE, Esq. 25 Louisiana Avenue, NW Washington, DC 20001 Telephone: (202) 624-7470 Admitted Pro Hac Vice Counsel for Plaintiffs 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 COLLIN COFFMAN, et al. 13 Plaintiffs, CASE NO: 2:20-cv-00224-GMN-BNW 14 vs. 15 16 17 ALLEGIANT AIR, LLC, a domestic limited PLAINITFFS INITIAL DISCLOSURE liability company, STATEMENT Defendant. 18 19 Plaintiffs, by and through their attorneys of record, Nathan R. Ring of Novara Tesija & 20 Catenacci and Nicolas Manicone, Esq., do hereby make their initial disclosures in the above-captioned 21 case pursuant to Rule 26 of the Federal Rules of Civil Procedure and pursuant to United States District 22 Court for the District of Nevada Local Rule 26-1, as follows: 23 Witnesses [FRCP 26(A)(1)(A)] 24 25 The following witnesses are presently known to have knowledge of facts concerning the material allegations of the Plaintiffs’ Complaint filed herein and the Defendants’ defenses thereof: 26 27 28 a. Collin Coffman, plaintiff, may be contacted through undersigned counsel for Plaintiffs. Witness is believed to have information pertaining to his participation in the International Brotherhood of Teamsters’ (IBT) organizing campaign to represent Allegiant mechanics; 1 Case Case2:20-cv-01444-GMN-BNW 2:20-cv-01444-GMN-BNW Document Document32-1 33 Filed Filed12/29/20 12/23/20 Page Page53ofof64 1 2 3 4 5 a. December 2017 IBT flyer including names of Allegiant employed mechanics in support of the IBT organizing drive. b. Letter from Allegiant to Plaintiff Collin Coffman informing him of his rights to elect health benefits under COBRA. c. Paystubs demonstrating Mr. Coffman’s wages while employed at Allegiant, documents 6 showing Mr. Coffman’s expenses incurred as result of his having lost Allegiant health 7 insurance benefits, and additional documents demonstrating Mr. Coffman’s income since his 8 unlawful discharge by Allegiant. 9 10 d. Mr. William Adams’ statement to Arizona Department of Economic Security regarding his unemployment claim. 11 e. Paystubs demonstrating Mr. William Adams’ wages while employer at Allegiant, documents 12 showing Mr. Adams’ expenses incurred as a result of his having lost his Allegiant health 13 insurance benefits, and additional documents demonstrating Mr. Adams’ income since his 14 unlawful discharge by Allegiant. 15 f. August 14, 2020 petition from Plaintiffs Jeremy Adams and Earnest Bowen and others 16 directed to Allegiant management regarding Allegiant’s practice of harassment and bullying 17 of employees. 18 All of these documents are known to be in the possession of the Plaintiffs in this matter and can 19 be made available to Defendant upon discovery request. Some of the documents, to include paystubs and 20 the petition to Allegiant management are also believed to be in the possession of Allegiant. Plaintiffs 21 have not yet completed their investigation or discovery in this Action, and it is anticipated there will be 22 additional documents discovered that are relevant to this Action. Plaintiffs will provide information 23 concerning these additional documents and their location as soon as they are known to Plainitffs. 24 Computation Of Damages Pursuant to FRCP 26(A)(1)(A)(iii) 25 Plaintiffs’ claims and computation of damages against Defendant are as follows: 26 27 28 5 Case Case2:20-cv-01444-GMN-BNW 2:20-cv-01444-GMN-BNW Document Document32-1 33 Filed Filed12/29/20 12/23/20 Page Page64ofof64 1 a. Mr. Collin Coffman has lost approximately $35,000 in wages and benefits, as well as other 2 currently unquantifiable compensatory damages, due to Allegiant’s unlawful actions taken against 3 him. Mr. Coffman also seeks an order reinstating him to his former position with Allegiant. 4 b. Mr. William Adams has lost approximately $30,000 in wages and benefits, as well as other 5 currently unquantifiable compensatory damages, due to Allegiant’s unlawful actions against him. 6 Mr. Adams also seeks an order reinstating him to his former position with Allegiant. 7 c. The remaining plaintiffs – Mr. Jeremy Adams, Mr. Bowen, Mr. Muriel and Mr. Schoen – are not 8 alleging they suffered loss of pay or benefits, or other quantifiable costs, at this time. However, 9 they seek relief from this Court in the form of an order requiring Allegiant to stop its violations of 10 the Railway Labor Act and retaliatory actions against each of them. 11 Plaintiffs, Collin Coffman’s and William Adams’, damages are ongoing and increase with each 12 13 14 15 16 17 passing day to include lost wages and benefits, opportunities, and prejudgment interest. Any Insurance Agreement Under Which An Insurance Business May Be Liable To Satisfy All Or Part Of A Possible Judgment In The Action Or To Indemnify Or Reimburse For Payments Made To Satisfy The Judgment [FRCP 26(A)(1)(A)(Iv)] Plaintiffs are unaware of any insurance policy of any party that would be liable to satisfy all or part of a judgment in this action or to reimburse Defendant for payments made to satisfy such a judgment. Dated: December 11, 2020 NOVARA TESIJA & CATENACCI, PLLC 18 /s/ Nathan Ring NATHAN R. RING, Nevada State Bar No. 12078 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Email: nrr@ntclaw.com Counsel for Plaintiffs 19 20 21 22 23 24 25 26 27 28 Dated: December 11, 2020 _____/s/ Nicolas Manicone NICOLAS MANICONE, Esq. 25 Louisiana Avenue, NW Washington, DC 20001 Telephone: (202) 624-7470 Admitted Pro Hac Vice Counsel for Plaintiffs 6
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