Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
963
PLEASE DISREGARD. WRONG DOCUMENT ATTACHED. SEE NEXT ENTRY Minute Entry: Settlement Conference held on 5/21/12 before Magistrate Judge Joseph C. Spero. Continued Settlement Conference set for 5/22/12 at 9:30 AM. (Court Reporter Not Reported.) (klhS, COURT STAFF) (Date Filed: 5/22/2012) Modified on 5/22/2012 (klhS, COURT STAFF).
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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 JCSPO@cand.uscourts.gov., 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 (415) 522-3691 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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