Courthouse News Service v. Michael Planet

Filing 47

Filed order MEDIATION (PWS):Pursuant to this court's order, dated May 13, 2013, this appeal has been referred to the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone assessment conference, with counsel only, on May 30, 2013, at 3:00 p.m. Pacific Time to discuss whether this matter may be resolved with the assistance of a Circuit Mediator. [8636361] (KKW)

FILED
MAY 20 2013

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

COURTHOUSE NEWS SERVICE,
Plaintiff - Appellant,
v.
MICHAEL D. PLANET, in his official
capacity as Court Executive Officer/Clerk
of the Ventura County Superior Court,

MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 11-57187
D.C. No. 2:11-cv-08083-R-MAN
Central District of California,
Los Angeles

AMENDED ORDER

Defendant - Appellee.

Pursuant to this court's order, dated May 13, 2013, this appeal has been
referred to the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1.
The court has scheduled a telephone assessment conference, with counsel only, on
May 30, 2013, at 3:00 p.m. Pacific Time to discuss whether this matter may be
resolved with the assistance of a Circuit Mediator.
Circuit Mediator Peter Sherwood will initiate the conference call by
contacting each attorney on the attached list of participants at the telephone number
listed. Please be available for the call at least five minutes before the scheduled
time.
Counsel should review the attached list and inform the Mediation Assistant
by email ([e-mail]) at least 72 hours in advance of the
scheduled call of any of the following: (1) any attorneys on the list of counsel who
will not be participating in the conference; (2) the direct dial phone number of any
participant if it is not listed; and (3) any other corrections to the list.
Please notify the Circuit Mediator immediately by email (Peter_Sherwood
@ca9.uscourts.gov) if the petition has been dismissed or if counsel has an
PW S/Mediation

unavoidable scheduling conflict. Please copy all counsel on any such
communications.
All discussions that take place in the context of the assessment conference
are strictly confidential. (See Circuit Rule 33-1 and the Confidentiality provision
in the attachment to this order.)
For more detailed information about the assessment conference,
confidentiality, the Mediation Program and its procedures generally, please see the
attachment to this order and the Mediation Program web page:
www.ca9.uscourts.gov/mediation.
FOR THE COURT:

By: Peter W. Sherwood
Circuit Mediator

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LIST OF CONFERENCE PARTICIPANTS

Courthouse News Service
Plaintiff - Appellant

Rachel Elizabeth Matteo-Boehm
TEL: [phone]
FAX: [phone]
[e-mail]
BRYAN CAVE, LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

v.
Michael D. Planet
Defendant - Appellee

Robert A. Naeve
TEL: [phone]
[e-mail]
JONES DAY
3161 Michelson Drive
Irvine, CA 92612

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CIRCUIT MEDIATION OFFICE
Email: [e-mail]
Phone: [phone]
Fax: [phone]
INFORMATION ABOUT PHONE CONFERENCES PURSUANT TO
PANEL REFERRAL ORDERS
Overview
•
The purpose of the phone conference is to provide an opportunity for
counsel and the Circuit Mediator to design a settlement process that will be
as efficient and effective as possible. Possible process options include inperson mediation sessions with counsel and parties and continued telephone
dialogues facilitated by the Circuit Mediator.
•

The conference will be conducted by one of the nine Circuit Mediators, all
of whom are court employees with extensive mediation and litigation
experience.

•

Counsel for all parties who have filed briefs in the case should participate in
the telephone conference. The lawyer with the closest relationship to the
client should be on the call. Clients are neither expected nor required to
participate in the initial conference.

•

In advance of the conference, counsel should have a discussion with their
clients about their goals in the litigation, its possible costs and outcomes
(good and bad), the potential for further legal proceedings, and what issues
beyond the litigation might be explored in mediation. (See the court’s
website for more information and a list of questions to help you and your
client get the most out of the mediation process).

•

During the conference, the Circuit Mediator may ask some or all of the
following questions:
1) What is the factual and legal background of the dispute?
2) What issues need to be addressed in order to achieve settlement?
3) Who are the decision makers on each side who should be involved
to achieve settlement?
4) Is there other litigation or are there other disputes that the parties
wish to include in these discussions?

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5) If there is an in-person mediation, what venue is the most
convenient for the greatest number of people?
6) When is the best date and time to hold a mediation?
7) What does the mediator need to do to prepare for the mediation?
8) What do the lawyers and parties need to do to prepare?
9) Are there any particular sensitivities of which the mediator should
be aware?
Confidentiality
•
Settlement-related information disclosed to a Circuit Mediator will be kept
confidential and will not be disclosed to the judges deciding the appeal or to
any other person outside the Mediation Program participants. Ninth Cir. R.
33-1.
•

All participants in the assessment conference are required to abide by the
Mediation Program’s confidentiality rules. With limited exceptions, any
communication made by the Circuit Mediator or any participant during the
conference may not be used in any pending or future proceeding in this court
or any other forum and may not be disclosed to anyone who is not a
participant. Gen. Or. 7.4.

More information is available on the Mediation Circuit link on the Ninth
Circuit website www.ca9.uscourts.gov/mediation.

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