Quantum Corporation v. Crossroads Systems, Inc.

Filing 173

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 11/23/2015 09:30 AM in Courtroom A, 15th Floor, San Francisco. Telephone Conference set for 11/13/2015 11:00 AM before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 11/6/2015. (mklS, COURT STAFF) (Filed on 11/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUANTUM CORPORATION,

Case No. 14-cv-04293-WHA (SK)

Plaintiff,
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NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

v.
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CROSSROADS SYSTEMS, INC.,
Defendant.

United States District Court
Northern District of California

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter was referred to Magistrate Judge Sallie Kim for settlement purposes.

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You are hereby notified that a Settlement Conference is scheduled for November 23, 2015

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at 9:30 a.m. in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate Avenue, San

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Francisco, California 94102. The Court previously set a telephonic Conference in preparation for

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the Settlement Conference to be held on November 13, 2015 at 11:00 a.m. Counsel shall set up

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the call and email the Court at [e-mail] with the dial-in information by

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November 10, 2015. If the parties are unable to participate in the telephonic scheduling

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conference on the date selected by the Court, the parties shall meet and confer and provide three

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mutually agreed upon dates and times at which they will be available.

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It is the responsibility of counsel to ensure that whatever discovery is needed for all sides

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to evaluate the case for settlement purposes is completed by the date of the Settlement Conference.

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Counsel shall cooperate in providing discovery informally and expeditiously.

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Lead trial counsel shall appear at the Settlement Conference with the parties. Any party

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who is not a natural person shall be represented by the person(s) with unlimited authority to

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negotiate a settlement. A person who needs to call another person not present before agreeing to

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any settlement does not have full authority. An insured party shall appear with a representative of

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the carrier with full authority to negotiate up to the limits of coverage. Personal attendance of a

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party representative will rarely be excused by the Court, and then only upon separate written

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application demonstrating substantial hardship served on opposing counsel and lodged as early as

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the basis for the hardship is known but no later than the Settlement Conference Statement.

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Each party shall prepare a Settlement Conference Statement, which must be

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LODGED with the undersigned’s Chambers (NOT electronically filed) no later than seven

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(7) calendar days prior to the conference. Please 3-hole punch the document at the left side.

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All parties shall also submit their Settlement Conference Statement in .pdf format

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and email their statement to [e-mail].
The Settlement Conference Statement need not be served on opposing counsel. The

United States District Court
Northern District of California

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parties are encouraged, however, to exchange Settlement Conference Statements. The parties

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should specify in their Settlement Conference Statement whether or not they served it on opposing

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counsel. If Settlement Conference Statements are exchanged, any party may submit an additional

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confidential settlement letter to the Court not to exceed three (3) pages. The contents of this

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confidential settlement letter will not be disclosed to the other parties.

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The Settlement Conference Statement shall not exceed ten (10) pages of text and twenty
(20) pages of exhibits and 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

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or other grounds upon which the claims are founded and a candid evaluation of the

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parties’ likelihood of prevailing on the claims and defenses.

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3.

A list of the key facts in dispute and a brief statement of the specific evidence
relevant to a determination of 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 cost and time to be expended for 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
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history of past settlement discussions.

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It is not unusual for the conference to last three (3) or more hours. The parties should be
prepared to discuss such issues as:

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1.

Their settlement objectives.

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2.

Any impediments to settlement they perceive.

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3.

Whether they have enough information to discuss settlement. If not, what
additional information is needed?

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4.

The possibility of a creative resolution of the dispute.

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The parties shall notify Chambers immediately at [phone] if this case settles prior
to the date set for Settlement Conference. Counsel shall provide a copy of this order to each party

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United States District Court
Northern District of California

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who will participate in the conference.

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IT IS SO ORDERED.

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Dated: November 6, 2015

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________________________
SALLIE KIM
United States Magistrate Judge

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