Via Licensing Corporation v. Haier America Trading LLC

Filing 112

Order Setting Further Settlement Conference and Order to Show Cause. Further Settlement Conference before Magistrate Judge Hixson set for 11/20/2018 01:00 PM in San Francisco, Courtroom A, 15th Floor. Show Cause Response due by 11/16/2018. Signed by Judge Thomas S. Hixson on 11/14/2018. (tshlc2S, COURT STAFF) (Filed on 11/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VIA LICENSING CORPORATION,

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Plaintiff,

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United States District Court
Northern District of California

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v.
HAIER AMERICA TRADING LLC,

Case No. 17-cv-03485-RS (TSH)
ORDER SETTING FURTHER
SETTLEMENT CONFERENCE AND
ORDER TO SHOW CAUSE

Defendant.
On October 5, 2018, Judge Seeborg referred this case to a Magistrate Judge for the purpose

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of conducting a settlement conference. ECF No. 86. On October 12, 2018, the undersigned

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conducted a pre-settlement conference telephone call with the parties, and a settlement conference

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was subsequently scheduled for today.

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ADR Local Rule 7-3(a) provides that a business entity satisfies the attendance requirement

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at a settlement conference if it is “represented by a person (other than outside counsel) who has

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final authority to settle and who is knowledgeable about the facts of the case.” The undersigned’s

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Settlement Conference Standing Order states that as well.

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At the settlement conference today, Via Licensing Corporation (“Via”) was represented by

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Garrard R. Beeney, Daniel A. Loevinsohn and Laura Kabler Oswell from Sullivan & Cromwell

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LLP, and Nicholas Dudziak, Senior Director at Via. Haier America Trading LLC (“Haier”) was

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represented by Bryan G. Harrison of Locke Lord LLP and Justin Park, General Manager of Haier.

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The settlement conference was unsuccessful because the individuals present for Haier did

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not have authority to settle. That authority is held by individuals in China, who could not be

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reached by phone or email given the time difference. This is a violation of ADR Local Rule 7-

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3(a) and the Court’s standing order. This violation caused Via to needlessly spend money on

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attorneys’ fees and travel and other expenses to attend a settlement conference that did not have

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the prospect of being successful. And it was a waste of the Court’s time.
Accordingly, IT IS ORDERED that a further settlement conference is scheduled for

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November 20, 2018 at 1:00pm in Courtroom A on the 15th floor. The Court ORDERS Haier to

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bring all individuals necessary for it to have authority to settle, including flying them from China

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if needed. They must be present personally.

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The Court also ORDERS Haier to SHOW CAUSE why it should not be ordered to pay

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for Via’s fees and expenses incurred in connection with attending today’s settlement conference.

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Haier’s response to this OSC is due November 16, 2018. Via’s response is due November 20,

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2018, and it should include one or more declarations documenting the fees and expenses at issue.

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Haier’s optional reply is due November 23, 2018.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: November 14, 2018

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THOMAS S. HIXSON
United States Magistrate Judge

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