EIT Holdings, LLC v. Linkedin Corporation

Filing 26

Notice of Settlement Conference and Order Setting Settlement Conference before Magistrate Judge Joseph C. Spero. Settlement Conference set for 12/6/2011 09:30 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 09/27/2011. (klhS, COURT STAFF) (Filed on 9/27/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EIT HOLDING LLC,

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Plaintiff(s),
v.
LINKEDIN CORPORATION,

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For the Northern District of California

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United States District Court

No. C 11-2465 PSG (JCS)
NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER
(PATENT CASE)

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 December 6, 2011, at

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9:30 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California 94102.

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IT IS HEREBY ORDERED that the principals of all parties, with unlimited authority to

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settle the case, shall meet and confer in person on or before November 18, 2011, to discuss

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settlement. By October 31, 2011, Plaintiff(s) shall make a settlement proposal, in writing, with a

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copy to the undersigned. By November 7, 2011, Defendant(s) shall respond and make a counter-

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proposal, in writing, with a copy to the undersigned.

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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 unlimited authority. If a party is a governmental entity, its governing body shall

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designate one of its members or a senior executive to appear at the Settlement Conference with

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authority to participate in the Settlement Conference and, if a tentative settlement agreement is

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reached, to recommend the agreement to the governmental entity for its approval. An insured party

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

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coverage. Personal attendance of a party representative will rarely be excused by the Court, and

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then only upon separate written application demonstrating substantial hardship served on opposing

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

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

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For the Northern District of California

United States District Court

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with the undersigned's Chambers (NOT electronically filed) no later than November 29, 2011.

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Please 3-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
email their statement to [e-mail].
The Settlement Conference Statement need not be served on opposing counsel. The parties

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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 not to exceed three (3) pages. The contents of this confidential settlement letter will not be

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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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A summary of the proceedings to date and any pending motions.

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An estimate of the cost and time to be expended for further discovery, pretrial and trial.

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The relief sought, including an itemization of damages.

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The party's position on settlement, including present demands and offers and a history

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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.
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

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For the Northern District of California

United States District Court

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admissible at trial in the event the case does not settle. The parties should be prepared to discuss

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such issues as:

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1.

Their settlement objectives.

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2.

Any impediments to settlement they perceive.

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3.

Whether they have enough information to discuss settlement. If not, what additional

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information is needed.

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4.

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

The possibility of a creative resolution of the dispute.

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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: September 27, 2011

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____________________________
JOSEPH C. SPERO
United States Magistrate Judge

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