Avocet Sports Technology, Inc, et al-v-Amer Soirts Corporation, et al

Filing 138

ORDER FOLLOWING PRETRIAL CONFERENCE. On or before March 10, 2011, the parties shall file a Joint Statement re: Mediation to inform the Court with respect to their efforts to secure a mediator for the settlement negotiations, the schedule for m ediation, and whether or not a representative with the authority to approve a settlement from Defendants' parent company in Finland will be in attendance during the mediation; On or before March 25, 2011, the parties shall file a Second J oint Statement re: Mediation to update the Court on the parties' mediation efforts, including the results of the mediation process, if any, or if a mediation has yet to be conducted, the schedule for the mediation session. On or before May 6, 20 11, the parties shall submit a Joint Pretrial Conference Statement that includes, inter alia, the results of the mediation, if necessary, and the parties' readiness for trial. The Court sets the following pretrial and trial dates. Pretrial and T rial schedule is set for Courtroom 5, 17th Floor in San Francisco: 1) Final Pretrial Conference set for May 16, 2011 at 11:00 AM, 2) Jury Selection set for May 31, 2011 at 9:00 AM - 12:00 PM, 3) Jury Trial set for May 31, 2011 at 1:00 PM - 4:00 PM; J une 1, 2011 through June 3, 2011 at 9:00 AM - 12:00 PM; 1:00 PM - 4:00 PM; June 7, 2011 through June 10, 2011 at 9:00 AM - 12:00 PM; 1:00 PM - 4:00 PM; June 14, 2011 through June 16, 2011 at 9:00 AM - 12:00 PM; 1:00 PM - 4:00 PM, 4) Argue and Submit June 17, 2011 at 9:00 AM - 12:00 PM; 5) Jury Deliberations June 17, 2011; June 20, 2011 through June 24, 2011. Please see Order for further specifics. Signed by Judge James Ware on 3/7/2011. (ecg, COURT STAFF) (Filed on 3/7/2011)

Avocet Sports Technology, Inc, et al-v-Amer Sports Corporation, et al

Doc. 138

1 2 3 4 5 6 7 8 9 10 Avocet Sports Tech., Inc., et al., Plaintiffs, v.
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-04264 JW ORDER FOLLOWING PRETRIAL CONFERENCE

United States District Court

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Amer Sports Corp., et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) / On March 3, 2011, the Court conducted a hearing for Defendants' Motion for Summary Judgment and held a Final Pretrial Conference. In light of the discussion at the Conference, the Court ORDERS as follows: (1) At the Conference, the Court outlined proposed dates for trial in March and April that coincided with the Court's availability. Upon the parties' request, the Court invited the parties to confer on the feasibility of conducting a trial pursuant to the proposed dates. After conferring, the parties indicated that they would prefer to continue the trial until June when the Court's availability was more conducive to a uniform weekly schedule. The parties also agreed to meet and confer to pursue settlement negotiations with the assistance of a neutral third party and proposed a schedule for conducting good faith efforts toward that end. Accordingly, the Court finds good cause to VACATE the trial dates currently set for March and April. The Court defers ruling on Defendants' Motion for Summary Judgment to provide the parties with sufficient time to engaged in meaningful settlement efforts.

Dockets.Justia.com

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(3)

On or before March 10, 2011, the parties shall file a Joint Statement re: Mediation to inform the Court with respect to their efforts to secure a mediator for the settlement negotiations, the schedule for mediation, and whether or not a representative with the authority to approve a settlement from Defendants' parent company in Finland will be in attendance during the mediation;

(4)

On or before March 25, 2011, the parties shall file a Second Joint Statement re: Mediation to update the Court on the parties' mediation efforts, including the results of the mediation process, if any, or if a mediation has yet to be conducted, the schedule for the mediation session;

(5)

The Court sets May 16, 2011 at 11 a.m. as a new Final Pretrial Conference date. On or before May 6, 2011, the parties shall submit a Joint Pretrial Conference Statement that includes, inter alia, the results of the mediation, if necessary, and the parties' readiness for trial.

United States District Court

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For the Northern District of California

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The Court sets the trial schedule as follows: May 31, 2011 at 9 a.m. May 31, 2011, 1 p.m. - 4 p.m. June 1-3, 2011, 9 a.m. - 12 p.m., 1 p.m. - 4 p.m. June 7-10, 2011, 9 a.m. - 12 p.m., 1 p.m. - 4 p.m. June 14-15, 2011, 9 a.m. - 12 p.m., 1 p.m. - 4 p.m. June 16, 2011 at 9 a.m. June 17, 20-24, 2011, as necessary

Jury Selection Jury Trial Date and Sessions Session 1 Sessions 2-7 Sessions 8-15 Sessions 16-19 Argue & Submit Jury Deliberations

Dated: March 7, 2011 JAMES WARE United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bradley T. Fox [e-mail] David Jeanchung Tsai [e-mail] Frear Stephen Schmid [e-mail] Jeffery A Key [e-mail] Dated: March 7, 2011 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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United States District Court

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For the Northern District of California

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