EIT Holdings, LLC v. Linkedin Corporation

Filing 21

ADR Clerks Notice Setting ADR Phone Conference on 9/2/11 at 9:30 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 1057593 to join the call. (sgd, COURT STAFF) (Filed on 8/23/2011)

ALTERNATIVE DISPUTE RESOLUTION PROGRAM

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
HOWARD A. HERMAN

Writer’s Direct Contact:
[phone]
[e-mail]

DIRECTOR

ROBIN W. SIEFKIN

ADR PROGRAM STAFF ATTORNEY

G. DANIEL BOWLING

ADR PROGRAM STAFF ATTORNEY

DATE:

August 23, 2011

TO:

Counsel of Record

FROM:

Sheila Devereaux
ADR Program Administrative Assistant

RE:

ADR Phone Conference Scheduling Notice
Case No. C 11-2465 PSG EIT Holdings, LLC v. Linkedin Corporation

I have received the Notice of Need for ADR Phone Conference filed in this case and I
have scheduled the ADR Phone Conference call for Friday, September 2, 2011 at 9:30 a.m.
Pacific time. The conference will be conducted by one of the ADR Program’s legal staff,
whose biographies appear on the following page. Please take note that at the appointed time,
all parties shall call the following number and use the access code to join the call:
Dial-in Number:
Access Code:

1-218-339-2500
1057593

Please contact me with any scheduling concerns at [phone], or email
[e-mail]. Thank you for your attention to this matter.

450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: [phone] P Fax: [phone]
www.adr.cand.uscourts.gov

ADR PHONE CONFERENCE
A phone conference has been scheduled under ADR L. R. 3-5 because you indicated
on your Notice of Need for ADR Phone Conference either (1) you have not reached an
agreement to an ADR process or (2) you have tentatively agreed to a settlement conference
before a magistrate judge.

Purpose
The purpose of the conference is to help the parties select or design an ADR process
most likely to benefit the particular case. The court offers the following ADR options:
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Arbitration (non-binding or binding)
Early Neutral Evaluation (ENE)
Mediation

In only a limited number of cases that would most benefit from the option, the court also
offers an Early Settlement Conference with a Magistrate Judge. If this is the option you
prefer, during the ADR phone conference you will discuss your reasons for this preference and
consider whether a different ADR process may be better suited for this case. If, after the ADR
phone conference, you still prefer the option of an Early Settlement Conference with a
Magistrate Judge, the ADR legal staff may make a recommendation to the judge regarding the
case’s suitability for this option. The assigned judge will then decide whether to refer the case
to an Early Settlement Conference with a Magistrate Judge.
Additionally, with the court's approval, you may substitute a private ADR procedure for
a court program.

Participants (See ADR L.R. 3-5(d)(1))
Counsel who will be primarily responsible for handling the trial of the matter shall
participate in the conference. Clients and their insurance carriers are encouraged to
participate as well.

Logistics (See ADR L.R. 3-5(d)(2))
For the convenience of the parties and in lieu of ADR L.R. 3-5(d)(2), the court has
arranged for a dial-in conference line for this call. The call-in service that court uses does
require a long-distance telephone call. If the cost of calling the number presents a problem,
please contact the ADR Office and other arrangements shall be made. In the event, that the
conferencing service experiences technical problems, plaintiff’s counsel shall assume
responsibility for the call in keeping with ADR L.R. 3-5(d)(2).
If there are attorneys in the case who are not listed on the cover sheet, the attorney for
the first-listed plaintiff shall send them a copy of these materials and include them in the phone
conference.

Attorney and Client Preparation (See ADR L.R. 3-5(d)(3))
The phone conference will be conducted by one of the court’s ADR Program legal staff.
(Their biographies are below.) You will be asked your views as to which ADR process you
favor and will be encouraged to ask questions about the available ADR options. To prepare
for the conference, please review with your clients the ADR Local Rules and the booklet
entitled Dispute Resolution Procedures in the Northern District of California or the designated
portions of the ADR Internet Site (www.adr.cand.uscourts.gov). The court has reserved onehalf hour for the conference call.
450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: [phone] P Fax: [phone]
www.adr.cand.uscourts.gov

Exemption from the ADR Phone Conference Requirement
1)
Stipulation to an ADR Process (See ADR L.R. 3-5(c))
You will be exempted from participating in the phone conference if, before the date of
the conference, you file a stipulation and proposed order selecting an ADR process other than
an Early Settlement Conference with a Magistrate Judge and send, fax or email a copy to the
ADR Unit, at the address, fax number or email address listed below. If you intend to stipulate
to an Early Settlement Conference with a Magistrate Judge, you must participate in an ADR
phone conference.
2)
Termination of Case
Please call the ADR Unit to remove the case from the phone conference calendar if your
case is dismissed or otherwise terminated before the date set for the phone conference.

BIOGRAPHIES OF ADR PROGRAM LEGAL STAFF
Director, ADR Program
Howard A. Herman
Howard A. Herman has been with the Northern District since February 1997. Mr.
Herman previously served as Director of ADR Programs for Contra Costa County Superior
Court. He also spent four years as a settlement conference attorney for the United States
Court of Appeals for the Ninth Circuit, ultimately serving as the co-director of that court's
settlement conference program. Mr. Herman has practiced as a civil litigator with the firms of
Graham & James and Kindel & Anderson in San Francisco. He is a 1983 graduate of Hastings
College of the Law and a 1979 graduate, with high honors, of the University of California at
Berkeley. Mr. Herman currently teaches negotiation and mediation at Hastings College of the
Law. He has experience as a mediator, mediation trainer, and early neutral evaluator.
ADR Program Staff Attorney
Robin W. Siefkin
Robin W. Siefkin has been with the Northern District since January 2002. From 1997
to 2001, she was the Director of ADR Programs for Contra Costa Superior Court. She
previously served as a Supervising Mediator with the Santa Barbara Community Mediation
Program and as Attorney/Coordinator of the Santa Barbara Legal Aid Foundation Domestic
Violence Restraining Order Clinic. Ms. Siefkin has practiced as a civil litigator and as a
transactional attorney with the firms of Gordon & Rees and Horning, Janin & Harvey. She is
a 1985 graduate of Hastings College of the Law and a 1978 graduate of the University of
California at Davis.
ADR Program Staff Attorney
G. Daniel Bowling
Daniel Bowling joined the ADR Program as Staff Attorney in March 2006 and has been
mediating since 1986. He teaches advanced mediation in the LL.M. Program at Osgoode Hall
School of Law, York University, Toronto and has taught basic and advanced negotiation at
Hastings College of Law and at Howard Law School. He is a co-editor and co-author of
Bringing Peace into the Room: The Personal Qualities of the Mediator and their Impact on
Conflict Resolution (Jossey-Bass, 2003), and co-author of Chapter 6, “The Mediation Process”
in A Litigator's Guide to Effective Use of ADR in California (Cal CEB, 2005). He co-founded
the first mediation organization in South Carolina, the Low Country Mediation Network. As
Executive Director of SPIDR, he managed the merger among SPIDR, AFM, and the Conflict
Resolution Education Network, and served as the first CEO of ACR. He practiced law and was
Public Defender in Charleston, SC and was on the founding faculty of Antioch School of Law.
He graduated from Harvard Law School and has practiced yoga and meditation for almost
thirty years.

450 GOLDEN GATE AVENUE P SAN FRANCISCO, CA 94102 P Tel: [phone] P Fax: [phone]
www.adr.cand.uscourts.gov