MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 28

Notice re Joint Report on Settlement Talks As Required Under The Court's April 6, 2007 Order by MDY Industries, LLC, Michael Donnelly (Venable, Lance)

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MDY Industries, LLC v. Blizzard Entertainment, Inc. et al Doc. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF VENABLE, CAMPILLO, LOGAN & MEANEY, P.C. 1938 EAST OSBORN ROAD PHOENI X, ARIZONA 85016 TELEPHONE (602) 631-9100 FACSIMILE (602) 631 4529 E-MAIL DOCKETING@VCLMLAW .COM Lance C. Venable (AZ Bar No 017074) Joseph R. Meaney (AZ Bar No. 017371) Attorneys for Plaintiff MDY Industries, LLC UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MDY INDUSTRIES, LLC, Plaintiff and Counterdefendant, vs. BLIZZARD ENTERTAINMENT, INC., and VIVENDI GAMES, INC., Defendants and Counterclaim Plaintiffs. BLIZZARD ENTERTAINMENT, INC., and VIVENDI GAMES, INC., Third-Party Plaintiffs, vs. MICHAEL DONNELLY, an individual Third-Party Defendant Case No.: CV06-02555-PHX-DGC JOINT REPORT ON SETTLEMENT TALKS The Honorable David G. Campbell The parties hereby submit their joint report on settlement talks held as required by the Court's April 6, 2007 order. On September 25, 2007, the parties met in Phoenix, Arizona at the law offices of Venable, Campillo, Logan & Meaney, P.C. Present at the meeting were Michael Donnelly in his capacity as the representative for the plaintiff MDY Industries and as Case 2:06-cv-02555-DGC Document 28 -1- Filed 10/02/2007 Page 1 of 4 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a third-party defendant, the plaintiff's counsel Lance Venable, the defendants' attorneys Christian Genetski and Samuel Davidoff, and in-house counsel for the defendant Vivendi Games, Fritz Kryman. Both Mr. Donnelly and Mr. Kryman had full settlement authority on behalf of the parties. The parties met for approximately one hour and made a substantial good-faith effort to resolve their dispute. Several ideas were proposed, some conventional and others unconventional, in an effort to bridge the gap between the parties respective positions. Although the parties made some progress, it appears that the plaintiff and defendants were still too far apart to reach a settlement. At this time, it does not appear that the Court would be of assistance in settling the case. The parties and their counsel, however, have committed to periodically revisiting the issue of settling the case. Dated this 2nd day of October, 2007 Venable, Campillo, Logan & Meaney, P.C. By /s/Lance C. Venable Lance C. Venable SBN 017074 Joseph R. Meaney SBN 017371 1938 East Osborn Road Phoenix, Arizona 85016 Tel: 602-631-9100 Fax: 602-631-9796 E-Mail docketing@vclmlaw.com Attorneys for Plaintiff MDY Industries, LLC and Third-Party Defendant Donnelly Case 2:06-cv-02555-DGC Document 28 -2- Filed 10/02/2007 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SONNENSCHEIN NATH & ROSENTHAL LLP Christian S. Genetski (Pro Hac Vice) Shane M. McGee (Pro Hac Vice) Samuel Bryant Davidoff (Pro Hac Vice) 1301 K Street, N.W. Suite 600, East Tower Washington, DC 20005 Telephone: (202) 408-6400 cgenetski@sonnenschein.com smcgee@sonnenschein.com sdavidoff@sonnenschein.com Scott Stein (AZ Bar No. 022709) 2398 East Camelback Road Suite 1060 Phoenix, AZ 85016-9009 Telephone: (602) 508-3900 sstein@sonnenschein.com Attorneys for Defendants, CounterClaim Plaintiffs, and Third Party Plaintiffs Blizzard Entertainment, Inc. and Vivendi Games, Inc. Case 2:06-cv-02555-DGC Document 28 -3- Filed 10/02/2007 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Name CERTIFICATE OF SERVICE I hereby certify that on October 2, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Name Email Address I hereby certify that on __________________, I served the attached document by FIRST CLASS MAIL on the following, who are not registered participants of the CM/ECF System: Physical or Email Address s/ Lance C. Venable Case 2:06-cv-02555-DGC Document 28 -4- Filed 10/02/2007 Page 4 of 4