Elan Microelectronics Corporation v. Apple, Inc.

Filing 419

Notice of Settlement and Order Setting Further Settlement Conference before Magistrate Judge Joseph C. Spero. Further Settlement Conference set for 9/21/2011 at 09:30 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 09/02/11. (klhS, COURT STAFF) (Filed on 9/2/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELAN MICROELECTRONICS CORPORATION, No. C 09-01531 RS (JCS) 8 9 v. 11 For the Northern District of California United States District Court 10 Plaintiff(s), APPLE, INC., 12 NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER (PATENT CASE) Defendant(s). ___________________________________/ 13 14 TO ALL PARTIES AND COUNSEL OF RECORD: 15 The above matter was referred to Magistrate Judge Joseph C. Spero for settlement purposes. 16 You are hereby notified that a further Settlement Conference is scheduled for September 21, 17 2011, at 9:30 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San 18 Francisco, California 94102. 19 IT IS HEREBY ORDERED that Plaintiff(s) shall make a settlement proposal, in writing, by 20 September 7, 2011, with a copy to the undersigned. Defendant(s) shall respond and make a 21 counter-proposal, in writing, by September 12, 2011, with a copy to the undersigned. 22 It is the responsibility of counsel to ensure that whatever discovery is needed for all sides to 23 evaluate the case for settlement purposes is completed by the date of the Settlement Conference. 24 Counsel shall cooperate in providing discovery informally and expeditiously. 25 Lead trial counsel shall appear at the Settlement Conference with the parties. Any party who 26 is not a natural person shall be represented by the person(s) with unlimited authority to negotiate a 27 settlement. A person who needs to call another person not present before agreeing to any settlement 28 does not have unlimited authority. If a party is a governmental entity, its governing body shall 1 designate one of its members or a senior executive to appear at the Settlement Conference with 2 authority to participate in the Settlement Conference and, if a tentative settlement agreement is 3 reached, to recommend the agreement to the governmental entity for its approval. An insured party 4 shall appear with a representative of the carrier with full authority to negotiate up to the limits of 5 coverage. Personal attendance of a party representative will rarely be excused by the Court, and 6 then only upon separate written application demonstrating substantial hardship served on opposing 7 counsel and lodged as early as the basis for the hardship is known but no later than the Settlement 8 Conference Statement. the undersigned's Chambers no later than September 14, 2011. Please 3-hole punch the document 11 For the Northern District of California Each party shall prepare a Settlement Conference Statement, which must be LODGED with 10 United States District Court 9 at the left side. 12 Each party shall also submit their Settlement Conference Statement, and any previous 13 Settlement Conference Statements, in .pdf format and email their statement to 14 JCSPO@cand.uscourts.gov. 15 The Settlement Conference Statement should not be electronically filed with the Clerk of the 16 Court, and need not be served on opposing counsel. The parties are encouraged, however, to 17 exchange Settlement Conference Statements. If Settlement Conference Statements are exchanged, 18 any party may submit an additional confidential settlement letter to the Court not to exceed three (3) 19 pages. The contents of this confidential settlement letter will not be disclosed to the other parties. 20 The Settlement Conference Statement shall include the following: 21 1. A brief statement of the facts of the case. 22 2. A brief statement of the claims and defenses including, but not limited to, statutory or 23 other grounds upon which the claims are founded, and a candid evaluation of the parties' likelihood 24 of prevailing on the claims and defenses. The more candid the parties are, the more productive the 25 conference will be. 26 27 28 3. A list of the key facts in dispute and a brief statement of the specific evidence relevant to a determination of those facts. 4. A summary of the proceedings to date and any pending motions. 2 1 5. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 2 6. The relief sought, including an itemization of damages. 3 7. The party's position on settlement, including present demands and offers and a history 4 of past settlement discussions. The Court's time can best be used to assist the parties in completing 5 their negotiations, not in starting them. The parties are urged to carefully evaluate their case before 6 taking a settlement position since extreme positions hinder the settlement process. 7 8 9 Settlement Conference Statements may be submitted on CD-ROM with hypertext links to exhibits. Otherwise, the portion of exhibits on which the party relies shall be highlighted. It is not unusual for the conference to last three (3) or more hours. Parties are encouraged to participate and frankly discuss their case. Statements they make during the conference will not be 11 For the Northern District of California United States District Court 10 admissible at trial in the event the case does not settle. The parties should be prepared to discuss 12 such issues as: 13 1. Their settlement objectives. 14 2. Any impediments to settlement they perceive. 15 3. Whether they have enough information to discuss settlement. If not, what additional 16 information is needed. 17 4. 18 The parties shall notify Chambers immediately at (415) 522-3691 if this case settles prior to The possibility of a creative resolution of the dispute. 19 the date set for Settlement Conference. Counsel shall provide a copy of this order to each party who 20 will participate in the conference. 21 IT IS SO ORDERED. 22 23 Dated: September 2, 2011 24 ____________________________ JOSEPH C. SPERO United States Magistrate Judge 25 26 27 28 3

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