Ken Aronson v. Dog Eat Dog Films, Inc.

Filing 5

Filed order MEDIATION (LW): Case referred to Mediation for assessment conference only. Telephone conference to be on 10/21/2010 at 09:30 am. (Pacific Standard Time) [7485583] (KM)

K e n Aronson v. Dog Eat Dog Films, Inc.

Doc. 5

F IL E D
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SEP 23 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

K E N ARONSON, Plaintiff - Appellant, v.

N o . 10-35815 O R D E R SETTING ASSESSMENT CONFERENCE D ate: October 21, 2010

D O G EAT DOG FILMS, INC., T im e: 9:30 a.m. Pacific Time Defendant - Appellee.

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. The court has scheduled a telephone assessment conference with counsel on O cto b er 21, 2010 at 9:30 a.m. to discuss whether this case is appropriate for p articip atio n in the Mediation Program. Circuit Mediator Chris Goelz will initiate th e conference by calling counsel shown on the attached list. Please be available f o r the call at least five minutes before the scheduled time. C o u n s e l should review the attached list and inform Lynn Warton by email at L yn n _ W arto n @ ca9 .u sco u rts.g o v at least 72 hours in advance of the scheduled call o f any corrections to the list, including the names of any attorneys who will not be

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participating in the conference and the direct dial telephone number of any p articip an t if it is not listed. P le as e notify the circuit mediator immediately by email at C h ris_ G o elz@ ca9 .u sco u rts.g o v if the dispute is settled, the appeal is dismissed or if counsel has an unavoidable scheduling conflict. Please copy all counsel on any su ch communications. A ll discussions that take place in the context of the assessment conference are strictly confidential. Participants must abide by the program's confidentiality ru les, which may be found at www.ca9.uscourts.gov/mediation. You may also v isit this website for more detailed information about assessment conferences and th e Mediation Program generally. C o u n sel should forward a copy of this order with its attachments to their c lie n t( s .)

FOR THE COURT

By: Lynn Warton D e p u ty Clerk

CONFERENCE PARTICIPANTS P h ilip Talmadage 2 0 6 /5 7 4 - 6 6 6 1 B ru ce Johnson N o elle Kvasnosky 2 0 6 /7 5 7 - 8 0 6 9

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
C IR C U IT MEDIATION OFFICE W e b s ite : www.ca9.uscourts.gov/mediation/ T e le p h o n e : [phone] Facsimile: [phone] E m a il: [e-mail]

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 ex p erien ce. The Circuit Mediators are authorized to file orders on most p r o c e d u r a l matters, including vacating or 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 eyo n d the litigation might be explored in mediation. (Go to w w w .ca9 .u sco u rts.g o v /m ed iatio n for a list of questions for exploring the su itab ility of the dispute for settlement.) 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

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settlement discussions. The scope of discussion is not limited to the issues o n appeal: it may include related legal proceedings or any other issues b etw een the parties.

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 e d ia tio n Program's confidentiality rules, which are set forth at w w w .ca9 .u sco u rts.g o v /m ed iatio n . 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.

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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 .

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