Aeroscout, Inc. v. Savi Technology, Inc.

Filing 36

SETTLEMENT CONFERENCE ORDER - PATENT CASE. Signed by Magistrate Judge Bernard Zimmerman on 12/16/2008. (bzsec, COURT STAFF) (Filed on 12/16/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above matter was referred to me for settlement purposes. It is ORDERED that a Settlement Conference is scheduled for Tuesday, February 10, 2009 at 9:00 a.m. in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. Counsel who will try the case v. SAVI TECHNOLOGY INC., Defendant(s). AEROSCOUT INC., Plaintiff(s), UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) No. C08-2919 WHA (BZ) SETTLEMENT CONFERENCE ORDER - PATENT CASE shall appear at the Settlement Conference with the party principals who met earlier. The negotiations will be principally among the party principals in my presence. Each party shall provide the other informally, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expeditiously and pursuant to Federal Rule of Evidence 408 with all information reasonably needed to further the progress of the settlement negotiations. Confidential information may be provided subject to a protective order. Each party shall prepare a Settlement Conference Statement, which must be served on opposing counsel and lodged (not faxed) with my chambers no later than seven calendar days prior to the conference. the Clerk of the Court. The Statement shall not be filed with The Statement may be submitted on CDOtherwise, the portion ROM with hypertext links to exhibits. of exhibits on which the party relies shall be highlighted. The Settlement Conference Statement shall not exceed ten pages of text and twenty pages of exhibits and shall include the following: 1. 2. A brief statement of the facts of the case. A brief statement of the claims and defenses including, but not limited to, statutory or other grounds upon which the claims are founded. 3. 4. motions. 5. An estimate of the cost and time to be expended for A summary of any related litigation. A summary of the proceedings to date and any pending further discovery, pretrial and trial. 6. damages. 7. The parties' position on settlement, including The relief sought, including an itemization of present demands and offers and a history of past settlement discussions. The Court's time can best be used to assist the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties in completing their negotiations, not in starting them. So there is no confusion about the parties' settlement position, plaintiff must serve a demand in writing no later than fourteen days before the conference and defendant must respond in writing no later than eight days before the conference. The parties are urged to carefully evaluate their case before taking a settlement position since extreme positions hinder the settlement process. Along with the Statement each party shall lodge with the court a document of no more than three pages containing a candid evaluation of the parties' likelihood of prevailing on the claims and defenses, and any other information that party wishes not to share with opposing counsel. The more candid the This parties are, the more productive the conference will be. document shall not be served on opposing counsel. It is not unusual for conferences to last three or more hours. Parties are encouraged to participate and frankly Statements they make during the conference discuss their case. will not be admissible at trial in the event the case does not settle. as: 1. Their settlement objectives. 2. Any impediments to settlement they perceive. 3. Whether they have enough information to discuss settlement. If not, what additional information is needed. The parties should be prepared to discuss such issues 4. The possibility of a creative resolution of the dispute. The parties shall notify chambers immediately if this case 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 settles prior to the date set for settlement conference. Counsel shall provide a copy of this order to each party who will participate in the conference. Dated: December 16, 2008 ____________________________________ Bernard Zimmerman United States Magistrate Judge g:\bzall\-refs\ 4

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