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)

Download PDF
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 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 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 : T e le p h o n e : (206)224-2320 Facsimile: (206)224-2321 E m a il: 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 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. 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 .

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?