Xcentric Ventures, LLC, et al v. Sarah Bird, et al

Filing 4

Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on April 14, 2010, at 2:30 p.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. [7272135] (SC)

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F IL E D U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MAR 19 2010 MOLLY C. DWYER, CLERK U . S . C O U R T OF APPE A L S X C E N T R I C VENTURES, LLC, an A rizo n a limited liability company; et al., Plaintiffs - Appellants, v. S A R A H L. BIRD, wife; et al., Defendants - Appellees. N o . 10-15460 O R D E R SETTING A S S E S S M E N T CONFERENCE D a te: April 14, 2010 T im e : 2:30 p.m. Pacific (S a n Francisco) Time T h e Mediation Program of the Ninth Circuit Court of Appeals facilitates settlem en t while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. T h e court has scheduled a telephone settlement assessment conference, with co u n sel only, on April 14, 2010, at 2:30 p.m. PACIFIC (San Francisco) Time to d iscu ss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on th e attached list of participants at the telephone number listed. Please be available f o r the call at least five minutes before the scheduled time. C o u n sel should review the attached list and inform the Mediation Assistant b y email (virna_sanchez@ca9.uscourts.gov) at least 72 hours in advance of the sch ed u led call of any of the following: (1) any attorneys on the list of counsel who w ill not be participating in the conference; (2) the direct dial phone number of any p articip an t if it is not listed; and (3) any other corrections to the list. VLS/Mediation P lease notify the Circuit Mediator immediately by email if the dispute is settled , the appeal is dismissed or if counsel has an unavoidable scheduling co n flict. Please copy all counsel on any such communications. All discussions that take place in the context of the assessment conference are strictly confidential. For more detailed information about the assessment conference, co n fid en tiality, the Mediation Program and its procedures generally, please see the a tta ch m e n t to this order and the Mediation Program web site: w w w .c a 9 .u s c o u r ts .g o v /m e d ia tio n . F O R THE COURT By: Virna L. Sanchez Deputy Clerk VLS/Mediation 2 L IS T OF CONFERENCE PARTICIPANTS X cen tric Ventures, LLC; et al., Plaintiffs - Appellants M aria Crimi Speth, Esq. D av id S. Gingras, Esq. L au ra A. Rogal, Esq. T E L : 602-248-1000 F A X : 602-248-0522 JA B U R G & WILK, PC 3 2 0 0 N. Central Ave., Suite 2000 P h o en ix , AZ 85012 v. S arah L. Bird; et. al., Defendants - Appellees M ark G. Worischeck, Esq. T E L : 602-532-5795 D eb o ra L. Verdier, Esq. T E L : 602-532-5760 S A N D E R S & PARKS, PC 3 0 3 0 N. Third Street, Suite 1300 P h o en ix , AZ 85012-3099 VLS/Mediation 3 U N I T E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT C IR C U IT MEDIATION OFFICE E m ail: ca09_mediation@ca9.uscourts.gov P h o n e: 415-355-7900 F ax : 415-355-8566 IN F O R M A T IO N ABOUT ASSESSMENT CONFERENCES O v e r v ie w of Purpose and Participants T h e purpose of the assessment conference is to provide an opportunity for co u n sel and the Circuit Mediator to have a frank discussion about settlem en t. The mediator will explore the parties' interests in settlement an d , if appropriate, work with counsel to design a process to pursue r es o lu tio n of the dispute. T h e conference will be conducted by one of the nine Circuit Mediators, all o f whom are court employees with extensive mediation and litigation e x p e r ie n c e. Appeals are randomly assigned to the Circuit Mediators ir re sp e c tiv e of the subject matter or issues on appeal. The Circuit Mediators are authorized to file orders on most procedural matters, including vacating o r moving the briefing schedule. C o u n sel for all parties who intend to file briefs in the case should participate in the assessment conference. The lawyer with the closest relationship to the clien t should be on the call. Clients are neither expected nor required to p a r tic ip a te in the assessment conference. In advance of the conference, counsel should have a discussion with their c lie n ts about their goals in the litigation, its possible costs and outcomes ( g o o d and bad), the potential for further legal proceedings, and what issues b ey o n d the litigation might be explored in mediation. (See the court's w eb site for a list of questions for exploring the suitability of the dispute for s e ttle m e n t.) D u rin g the conference, counsel and the Circuit Mediator will discuss the factu al and legal background of the dispute, the legal issues involved in the litig a tio n and on appeal, any related legal proceedings, and any other co n sid eratio n s that may affect the parties' willingness to engage in s ettle m e n t discussions. The scope of discussions is not limited to the issues o n appeal and can include related legal proceedings or any other issues b etw een the parties. 4 VLS/Mediation Confidentiality S ettlem en t-related information disclosed to a Circuit Mediator will be kept co n fid en tial and will not be disclosed to the judges deciding the appeal or to an y other person outside the Mediation Program participants. Ninth Cir. R. 3 3 -1 . A ll participants in the assessment conference are required to abide by the M ed iatio n Program's confidentiality rules. With limited exceptions, any co m m u n icatio n made by the Circuit Mediator or any participant during the c o n f e r en c e may not be used in any pending or future proceeding in this court o r any other forum and may not be disclosed to anyone who is not a p articip an t. Gen. Or. 7.4. L ike ly Outcomes of Assessment Conference A t the conclusion of the assessment conference, the Circuit Mediator may co n firm in an order the agreements of the parties regarding the scope, process a n d timing of any further settlement efforts. Typical settlement processes in c lu d e in-person mediation sessions, telephone settlement dialogues facilitated by the Circuit Mediator, or direct discussions between counsel. T h e parties may agree to defer briefing in order to focus on settlement efforts o r to provide an opportunity for circumstances to develop that might make s ettle m e n t more likely. In most cases, the deferral of briefing will not delay d is p o s itio n of the appeal, since the date of the filing of the notice of appeal co n tro ls when an appeal is assigned to a three-judge panel for decision. A t any point that the parties choose not to pursue settlement efforts, the C ircu it Mediator will work with the parties to resolve any outstanding p r o c e d u r a l issues and will enter orders effectuating any procedural a g r e e m e n ts . M o r e information is available on the Mediation Circuit link on the Ninth C ircu it website www.ca9.uscourts.gov/mediation. VLS/Mediation 5

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