Righthaven LLC v. Democratic Underground, LLC

Filing 1

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 09/26/2011. Transcript ordered by 10/17/2011. Transcript due 11/15/2011. Appellant Righthaven LLC opening brief due 12/27/2011. Appellees David Allen, Democratic Underground, LLC answering brief due 01/24/2012. Appellant's optional reply brief is due 14 days after service of the answering brief. [7897489] (WF)

UNITED STATES COURT OF APPEALS
FOR THE

NINTH CIRCUIT

ALEX KOZINSKI
Chief Judge

[phone]
Fax: [phone]

Dear Counsel:
I write to introduce you to the court’s mediation program.
The court offers you and your clients professional mediation services, at no
cost, to help resolve disputes quickly and efficiently and to explore the
development of more satisfactory results than can be achieved from continued
litigation. Each year the mediators facilitate the resolution of hundreds of cases,
from the most basic contract and tort actions to the most complex cases involving
multiple parties, numerous pieces of litigation and important issues of public
policy.
The nine circuit mediators, all of whom work exclusively for the court, are
highly experienced attorneys from a variety of practices; all have extensive training
and experience in negotiation, appellate mediation, and Ninth Circuit practice and
procedure. Although the mediators are court employees, they are well shielded
from the rest of the court’s operations. The court has adopted strict confidentiality
rules and practices to ensure that what goes on in mediation stays in mediation.
See Circuit Rule 33-1.
The first step in the mediation process is case selection. To assist the
mediators in the case selection process, appellants/petitioners must file a completed
Mediation Questionnaire within 7 days of the docketing of the case. See Circuit
Rules 3-4, and 15-2. Appellees may also fill out and file a questionnaire. The
questionnaire with filing instructions accompanies this letter and is also available
at www.ca9.uscourts.gov/mediation/forms.php. All counsel are also invited to
submit, by e-mail to [e-mail], additional, confidential
information that might assist the mediator in the case selection process.
In most cases, the mediator will schedule a settlement assessment
conference, with counsel only, to determine whether the case is suitable for
mediation. Be assured that participation in the mediation program will not slow
down disposition of your appeal. Mediation discussions are not limited to the
issues on appeal. The discussions can involve other cases and may include

125 SOUTH GRAND AVENUE • PASADENA • CALIFORNIA 91105

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individuals who are not parties to the litigation, if doing so enables the parties to
reach a global settlement.
Further information about the mediation program may be found on the
court’s website: www.ca9.uscourts.gov/mediation. Please address questions
directly to the Mediation Program at 415-355-7900 or
[e-mail].
Sincerely,

A
Alex Kozinski

125 SOUTH GRAND AVENUE • PASADENA • CALIFORNIA 91105