VanLishout v. Western Power Sports, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Elizabeth VanLishout, individually and 	)
as the Guardian of her son, Andrew 	)
Erickson-Gonczol, an incapacitated 	) 	ORDER
person, 	)
)
Plaintiff, 	)
)
v. 	)
Western Power Sports, LLC, et al., 	) 	Case No.: 1:23-cv-072
)
Defendants. 	)
On November 24, 2025, the undersigned issued an order scheduling a settlement conference
in the above-captioned action on December 19, 2025, at 10:00 AM CDT. (Doc. No. 118). The order
provided in part the following:
The conference shall be attended, in-person or virtually, by all parties,
together with trial counsel (if they are represented) for each party. At least one
person for each party shall appear in person to facilitate the virtual appearance by
others. Requests for relief from this requirement must be made in advance.
An insured party need not attend unless the settlement decision will be made
in part by the insured. When the settlement decision will be made in whole or in part
by an insurer, the insurer shall attend. The persons attending shall be vested with the
necessary settlement authority. Any relief from these requirements must be obtained
in advance. Failure to attend the conference as provided may result in an award of
costs, fees, and/or other sanctions.
(Id.)
On December 10, 2025, the undersigned convened a status conference to address Plaintiff’s
concerns regarding the virtual as opposed to in-person appearance at the settlement conference by
Mary Sebera, an adjuster for Defendant’s insurer. Following the status conference on December 10,
2025, the undersigned issued an order requiring Ms. Sebera to appear in person for the settlement
conference on December 19, 2025. The order further provided that “[i]n the event Defendant and
1
Case 1:23-cv-00072-DLH-CRH Document 131 Filed 12/15/25 Page 1 of 3

Ms. Sebera cannot accommodate her personal appearance on December 19th, the parties shall
determine a reasonably close alternative date and time for the settlement conference and shall inform
the court of the proposed alternative by December 12, 2025.” (Id.).
On December 12, 2025, Defendant advised the court that Ms. Sebera was unable to
personally appear at the settlement conference on December 19, 2025. 	Consequently, at
Defendant’s suggestion, the court held another status conference with the parties by telephone on
December 15, 2025. Through no fault of counsel, Defendant was unable explain why Ms. Sebera
is unable to to appear in person or provide alternatives dates on which Ms. Sebera can appear in
person.
At the close of the conference, the undersigned informed counsel that remote appearances
were no longer an option and all parties together with counsel for each party will be required to
appear in person at the settlement conference. Counsel subsequently informed the court that a
representative of Defendant can personally appear on December 29, 2025.
Accordingly, based upon the discussion with the counsel during the December 15, 2025,
status conference and the information subsequently provided by counsel, the undersigned shall
reschedule the settlement conference for December 29, 2025, at 9:00 AM in Bismarck courtroom
2. The settlement conference shall attended in-person by all parties together with trial counsel for
each party. The undersigned shall also require Ms. Sebera to attend the settlement conference in
person. Failure to attend the settlement conference as provided may result in an award of costs, fees,
and/or other sanctions.
2
Case 1:23-cv-00072-DLH-CRH Document 131 Filed 12/15/25 Page 2 of 3

IT IS SO ORDERED.
Dated this 15th day of December, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United State District Court
3
Case 1:23-cv-00072-DLH-CRH Document 131 Filed 12/15/25 Page 3 of 3