Symantec Corporation v. Acronis, Inc

Filing 295

AMENDED ORDER re 294 Order Setting Settlement Conference. Signed by Judge Elizabeth D. Laporte on 11/22/13. (lrc, COURT STAFF) (Filed on 11/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SYMANTEC CORPORATION,
Plaintiff,

No. C-11-5310 EMC (EDL)

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For the Northern District of California

United States District Court

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v.

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AMENDED NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

ACRONIS, INC.,

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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 Chief Magistrate Judge Elizabeth D. Laporte for Settlement

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Conference. You are hereby notified that the conference is scheduled for February 13, 2014 at
9:30 a.m., Courtroom E, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,
California 94102. If the above date is not possible for the parties and counsel, or if the parties
believe that settlement discussions would be more productive at a different time, counsel shall
confer with each other and then contact Chief Magistrate Judge Laporte's Courtroom Deputy within
a week at [phone] 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 the parties and with the person or persons having full authority to negotiate and to settle the

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case. In all cases in which a party is insured, the carrier's claims representative and attorney, if any,

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with full authority to negotiate up to the limits of coverage shall also attend the Settlement

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Conference. In cases where settlement authority rests with a governing body, counsel or a party

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without a lawyer, shall advise the Court and opposing party by letter at least 72 hours prior to the

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conference, of the manner 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

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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For the Northern District of California

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

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United States District Court

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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

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may be submitted in letter form either by mail or facsimile to [phone]. If telephone

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attendance is allowed, the party must be available throughout the entire conference.

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On or before February 3, 2014 (10 days prior to the settlement conference date), at
12:00 p.m., the parties shall deliver directly to the Magistrate Judge a Confidential Settlement
Conference Statement which should not be filed with the Clerk of the Court or served upon
other parties.

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The Confidential Settlement Conference Statement shall not exceed twenty-five (25) pages
of text exclusive of exhibits. (Parties are encouraged to include as exhibits any key documents and
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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A summary of the proceedings to date and any pending motions.

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

for further discovery, pretrial and trial.

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The relief sought, including an itemization of damages.

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

of past settlement discussions.
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If there have been no prior settlement discussions, plaintiff must serve a demand

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For the Northern District of California

United States District Court

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6.

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

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

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the conference.

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It is not unusual for conferences to last several hours or at times, all day. No participant in
the settlement conference will be permitted to leave the settlement conference before it is concluded
without the permission of the settlement conference judge.

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Parties are encouraged to participate and frankly discuss their case. Statements they make
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during the conference will not be admissible at trial to prove or disprove liability in the event the
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case does not settle. The parties should be prepared to discuss such items as their settlement
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objectives, any impediments to settlement that they perceive, whether they have enough information
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to discuss settlement and, if not, what additional information is needed and the possibility of a
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creative resolution of the dispute.
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Any request to continue the settlement conference shall be submitted in writing as soon as
possible after consultation with the opposing party. The request must demonstrate a compelling
reason for a continuance, and state whether the opposing party(ies) agree or oppose the request.
Any party who objects to the continuance should submit a written response within 2 business days.
Submission by facsimile is acceptable at facsimile number [phone]. Courtesy copies of any

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electronically filed documents must be delivered to chambers as provided in Civil Local Rule

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5-1(e)(7).

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The parties shall notify Chief Magistrate Judge Laporte's Courtroom Deputy immediately at
[phone] if this case settles prior to the date set for settlement conference.
Dated: 11/22/13

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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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For the Northern District of California

United States District Court

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