Plantronics, Inc. v. ALIPH, INC. et al

Filing 146

ORDER SETTING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on 10/20/2011. (kns, COURT STAFF) (Filed on 10/20/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PLANTRONICS, INC.,

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Plaintiff,

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v.

NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

ALIPH, INC., et al.,
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For the Northern District of California

United States District Court

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No. C 09-1714 BZ (EDL)

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Defendant.
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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter was referred to Magistrate Judge Elizabeth D. Laporte for Settlement

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Conference. You are hereby notified that the conference is scheduled for November 16, 2011 at

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9:30 a.m., Courtroom E, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California 94102. If the above date is not possible for the parties and counsel, or if the parties believe

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that settlement discussions would be more productive at a different time, counsel shall confer with each

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other and then contact Magistrate Judge Laporte's Courtroom Deputy within a week at [phone]

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to determine whether it is possible and appropriate to reschedule the conference.

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Lead trial counsel or a party without a lawyer shall appear at the Settlement Conference with

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the parties and with the person or persons having full authority to negotiate and to settle the case. In

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all cases in which a party is insured, the carrier's claims representative and attorney, if any, with full

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authority to negotiate up to the limits of coverage shall also attend the Settlement Conference. In cases

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where settlement authority rests with a governing body, counsel or a party without a lawyer, shall

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advise the Court and opposing party by letter at least 72 hours prior to the conference, of the manner

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in which the governing body will appear.

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Personal attendance by counsel or a party without a lawyer will not be excused under any

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circumstances and personal attendance by a party will rarely be excused. Permission for a party to

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attend by telephone may be granted, in the Court's discretion, upon written request made at least two

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weeks in advance of the conference, if the party lives and works outside of the Northern District of

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California and the Court determines that personal attendance would constitute a hardship and is not

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needed in order to have an effective settlement conference. The nature of the hardship must be

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explained. A copy of the written request must be served on all other parties. Any objection to the

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request must be submitted within forty-eight (48) hours of receipt. Both the request and objection may

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be submitted in letter form either by mail or facsimile to [phone]. If telephone attendance is
allowed, the party must be available throughout the entire conference.

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For the Northern District of California

United States District Court

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On or before November 7, 2011, the parties shall deliver directly to the Magistrate Judge

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a Confidential Settlement Conference Statement which should not be filed with the Clerk of the

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Court or served upon other parties.

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The Confidential Settlement Conference Statement shall not exceed twenty-five (25) pages of

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text exclusive of exhibits. (Parties are encouraged to include as exhibits any key documents and

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deposition excerpts). The Confidential Settlement Conference Statement shall include the following:

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1.

A brief statement of the facts of the case.

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2.

A brief statement of the claims and defenses including, but not limited to, statutory or

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other grounds upon which the claims are founded, a candid, forthright evaluation of the parties'

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likelihood of prevailing on the claims and defenses and a description of the major issues in dispute.

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3.

A list of the key facts in dispute and a brief statement of the specific evidence relevant

to those facts.

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4.

A summary of the proceedings to date and any pending motions.

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5.

An estimate of the out of pocket expenses, attorney's fees and time to be expended for

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further discovery, pretrial and trial.

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6.

The relief sought, including an itemization of damages.

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7.

The party's position on settlement, including present demands and offers and a history

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of past settlement discussions.

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If there have been no prior settlement discussions, plaintiff must serve a demand letter

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outlining its theories for recovery, supporting facts and damages in writing at least 7 business days

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before the conference, and defendant must respond in writing at least 3 business days before the

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conference.

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It is not unusual for conferences to last several hours or at times, all day. No participant in the

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settlement conference will be permitted to leave the settlement conference before it is concluded without

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the permission of the settlement conference judge.

during the conference will not be admissible at trial to prove or disprove liability in the event the case

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does not settle. The parties should be prepared to discuss such items as their settlement objectives, any

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For the Northern District of California

Parties are encouraged to participate and frankly discuss their case. Statements they make

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United States District Court

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impediments to settlement that they perceive, whether they have enough information to discuss

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settlement and, if not, what additional information is needed and the possibility of a creative resolution

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of the dispute.

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Any request to continue the settlement conference shall be submitted in writing as soon as

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possible after consultation with the opposing party. The request must demonstrate a compelling

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reason for a continuance, and state whether the opposing party(ies) agree or oppose the request. Any

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party who objects to the continuance should submit a written response within 2 business days.

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Submission by facsimile is acceptable at facsimile number [phone]. A paper copy of all

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electronically filed documents must be delivered to chambers no later than 12:00 noon on the day

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after the document is electronically filed.

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The parties shall notify Magistrate Judge Laporte's Courtroom Deputy immediately at (415)

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522-3694 if this case settles prior to the date set for settlement conference.

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Dated: October 20, 2011

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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