Warner Brothers Records, Inc. et al-v-John Doe #10

Filing 42

SETTLEMENT CONFERENCE ORDER. Signed by Judge Richard Seeborg on 11/18/08. (rssec, COURT STAFF) (Filed on 11/18/2008)

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA *E-FILED* November 18, 2008

United States District Court

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For the Northern District of California

WARNER BROS. RECORDS, INC., Plaintiff, v. CASEY MELINDA LENTZ, Defendant. _____________________________________/

No. C 07-04853 HRL

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SETTLEMENT CONFERENCE ORDER

TO ALL PARTIES AND COUNSEL OF RECORD: The above matter was referred to Magistrate Judge Richard Seeborg for a Settlement Conference. No later than December 31, 2008, each party shall submit a Settlement Conference Statement to Magistrate Judge Seeborg. The original Settlement Conference Statement (no copies are necessary) shall be placed in a sealed envelope, clearly marked "Confidential: Settlement Conference Statement; Attn: Clerk for Magistrate Judge Seeborg," and lodged with the Clerk's office, Room 2112 on the second floor of the United States Courthouse, 280 South First Street, San Jose, California. The clerk will forward the Settlement Conference Statement to Magistrate Judge Seeborg's chambers. The Settlement Conference Statement shall not be filed with the Court nor are the parties required to serve the Statement upon the other parties or their counsel.

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The form and content of the Settlement Conference Statement may vary depending upon the nature of the case, the stage of the proceedings or timing of the conference, and economic considerations. Generally, the Settlement Conference Statement should include the following information: 1. Statement of Facts. A brief description of the substance of the claims and defenses presented. 2. Summary of Proceedings. A brief list of the motions previously made, the dispositions thereof, and any motions pending resolution. 3. Undisputed Matters. A plain and concise statement of all material facts not reasonably disputable. 4. Issues of Fact. A plain and concise statement of the major factual issues in dispute. 5. Issues of Law. A brief statement of the disputed points of law with respect to liability and damages with reference to statutes and decisions relied upon. Extended legal argument is not necessary. Reference may be made to memoranda and points and authorities previously filed. 6. Relief Sought. A statement of the relief claimed, including a particularized itemization of all elements of damages. 7. Prior Settlement Discussions. A summary of prior settlement activity between the parties, including settlement offers and responses thereto. 8. Litigation Costs. A brief statement of the approximate litigation costs to date and the estimated cost and time projected for further discovery, pretrial proceedings and trial. 9. Settlement Analysis. A brief and forthright evaluation of the strengths and weaknesses of your case and the probabilities of prevailing on the major issues in dispute. 10. Discrete Issues. Are there any discrete issues affecting the parties which, if resolved, would aid in the disposition of the case. 11. Current Settlement Position. Set forth a reasonable proposal of settlement.

United States District Court

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For the Northern District of California

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The date for the settlement conference will be determined after receipt of the statements. The parties shall notify Magistrate Judge Seeborg's Chambers immediately at 408/535-5357 if this case settles prior to December 31, 2008. IT IS SO ORDERED. Dated: November 18, 2008 RICHARD SEEBORG United States Magistrate Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER WAS ELECTRONICALLY PROVIDED TO Dawniell Alise Zavala [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Matthew Franklin Jaksa [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. AND A COPY OF THIS ORDER WAS MAILED TO: Casey Melinda Lentz 4521 Morro Bay Street Oceanside, CA 92057

United States District Court

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For the Northern District of California

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Dated: November 18, 2008

CHAMBERS OF MAGISTRATE JUDGE RICHARD SEEBORG By: /s/ BAK

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