Hewlett Packard Company v. ServiceNow, Inc.

Filing 42

ORDER REFERRING CASE TO ADR UNIT FOR TELEPHONE CONFERENCE (declining to approve 41 ). Signed by Judge Beth Labson Freeman on 6/11/2014. (blflc1, COURT STAFF) (Filed on 6/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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HEWLETT PACKARD COMPANY,

Case No. 14-cv-00570-BLF

Plaintiff,
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v.
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SERVICENOW, INC.,

ORDER REFERRING CASE TO ADR
UNIT FOR TELEPHONE
CONFERENCE

Defendant.

United States District Court
Northern District of California

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On June 5, 2014, the parties filed a Stipulation and Proposed Order Selecting ADR

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Process. (See ECF 41) The parties checked the box for Court Mediation pursuant to ADR Local

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Rule 6, but they added a sentence requesting that the mediation be conducted by Magistrate Judge

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Grewal. (Id.) This request is inappropriate. Rule 6 provides that “[a]fter entry of an order

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referring a case to mediation, the ADR Unit will appoint from the Court’s panel a mediator who is

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available during the appropriate period and has no apparent conflict of interest.” ADR L.R. 6(a).

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The rule makes no provision for appointment of a magistrate judge to conduct a mediation. On

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occasion, the Court may refer a case for a settlement conference conducted by a magistrate judge;

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however, “[t]he Court limits the number of cases referred to Magistrate Judges for early settlement

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conferences.” ADR L.R. 7-2 Comm.

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The parties also requested that their ADR obligation be deferred until sixty days after

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issuance of a claim construction order. While such a request may be appropriate in some cases,

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the Court lacks sufficient information to evaluate whether this case might benefit from an earlier

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ADR window.

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Accordingly, the case is HEREBY REFERRED to the ADR Unit for a telephone

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conference. If the ADR Unit’s schedule permits, the telephone conference shall be conducted

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prior to the Case Management Conference set for June 26, 2014.

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IT IS SO ORDERED.

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Dated: June 11, 2014
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BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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