Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 889

Notice of Settlement and Order Setting Settlement Conference before Magistrate Judge JOSEPH C. SPERO. Settlement Conference set for 5/21/2012 at 09:30 AM and 5/22/12 at 9:30 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 4/27/12. (klhS, COURT STAFF) (Filed on 4/27/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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APPLE, INC.,

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Plaintiff(s),
v.

NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

SAMSUNG ELECTRONICS CO., LTD., ET
AL.,

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For the Northern District of California

United States District Court

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No. C 11-01846 LHK (JCS)

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Defendant(s).
___________________________________/

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter was referred to Magistrate Judge Joseph C. Spero for settlement purposes.

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You are hereby notified that a Settlement Conference is scheduled for May 21, 2012 and

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May 22, 2012, at 9:30 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate

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Avenue, San Francisco, California 94102.

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

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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 who

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

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

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does not have full authority. Pursuant to the Order of the District Judge, the Chief Executive Officer

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and the General Counsel of Apple and of Samsung shall attend the settlement conference. An

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insured party shall appear with a representative of the carrier with full authority to negotiate up to

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the limits of coverage. Personal attendance of a party representative will rarely be excused by the

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Court, and then only upon separate written application demonstrating substantial hardship served on

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opposing counsel and lodged as early as the basis for the hardship is known but no later than the

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Settlement Conference Statement.

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

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with the undersigned's Chambers as soon as possible, but no later than May 9, 2011. Please 3-

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hole punch the document at the left side.

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Each party shall also submit their Settlement Conference Statement in .pdf format and

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email their statement to [e-mail]., and to Judge Spero at the email address

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previously provided to outside counsel.
The Settlement Conference Statement need not be served on opposing counsel. The parties

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For the Northern District of California

United States District Court

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are encouraged, however, to exchange Settlement Conference Statements. If Settlement Conference

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Statements are exchanged, any party may submit an additional confidential settlement letter to the

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Court. The contents of this confidential settlement letter will not be disclosed to the other parties.

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The Settlement Conference Statement 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 or

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other grounds upon which the claims are founded, and a candid evaluation of the parties' likelihood

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of prevailing on the claims and defenses. The more candid the parties are, the more productive the

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conference will be.

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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

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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 history

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trial.

of past settlement discussions. The Court's time can best be used to assist the parties in completing

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their negotiations, not in starting them. The parties are urged to carefully evaluate their case before

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taking a settlement position since extreme positions hinder the settlement process.

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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.
The parties shall notify Chambers immediately at [phone] if this case settles prior to

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the date set for Settlement Conference. Counsel shall provide a copy of this order to each party who

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will participate in the conference.

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IT IS SO ORDERED.

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Dated: April 27, 2012

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For the Northern District of California

United States District Court

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JOSEPH C. SPERO
United States Magistrate Judge

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