Han v. Futurewei Technologies, Inc. et al

Filing 5

Notice and ORDER: Early Neutral Evaluation set for 5/26/2011 at 10:00 AM in the chambers of Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 4/25/11.(rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JUN HAN, an individual,
Plaintiff,

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v.

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FUTUREWEI TECHNOLOGIES, INC.,
etc., et al.,

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Defendants.
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Case No. 11-CV-831-JM (JMA)
NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION
CONFERENCE

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IT IS HEREBY ORDERED that an Early Neutral Evaluation Conference will be

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held on May 26, 2011 at 10:00 a.m. in the chambers of the Honorable Jan M. Adler,

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United States Magistrate Judge, U.S. Courthouse, 940 Front Street, San Diego,

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California.

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Pursuant to Rule 16.1(c) of the Local Rules of the United States District Court for

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the Southern District of California, all named parties, all counsel, and any other

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person(s) whose authority is required to negotiate and enter into settlement shall

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appear in person at the conference, shall be prepared to discuss the claims and

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defenses, and shall be legally and factually prepared to discuss and resolve the case at

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the Early Neutral Evaluation Conference. The individual(s) present at the Early

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Neutral Evaluation Conference with settlement authority must have the unfettered

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discretion and authority on behalf of the party to: 1) fully explore all settlement

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options and to agree during the Early Neutral Evaluation Conference to any

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settlement terms acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph

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Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of

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a party during the course of the Early Neutral Evaluation Conference (Pitman v.

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Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a

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settlement without being restricted by any predetermined level of authority (Nick

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v. Morgan's Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)).

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Governmental entities may appear through litigation counsel only. As to all other

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parties, appearance by litigation counsel only is not acceptable. Retained outside

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corporate counsel shall not appear on behalf of a corporation as the party who has the

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authority to negotiate and enter into a settlement. The failure of any counsel, party or

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authorized person to appear at the Early Neutral Evaluation Conference as

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required will result in the immediate imposition of sanctions.

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All conference discussions will be informal, off the record, privileged, and
confidential.
Counsel for any non-English speaking parties is responsible for arranging for the
appearance of an interpreter at the conference.
Although the submission of statements is not required in advance of the Early

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Neutral Evaluation Conference, parties may submit concise statements if desired. If a

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statement is submitted, it shall be provided to chambers no later than one week prior to

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the scheduled conference.1 If the parties submit statements in connection with the Early

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Neutral Evaluation Conference, they may either do so on a confidential basis or may

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exchange their statements.

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Rule 26 of the Federal Rules of Civil Procedure shall apply to this case. All

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Statements under 20 pages in length, including attachments and exhibits, may be
delivered directly to chambers, e-mailed to [e-mail], or faxed to (619)
702-9939. Statements exceeding 20 pages in length, including attachments and exhibits, must
be delivered directly to chambers.
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discovery shall be stayed until after the Rule 26(f) conference, unless otherwise

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permitted by Rule 26(f) or court order.
In the event the case does not settle at the Early Neutral Evaluation Conference,

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the parties shall also be prepared to discuss the following matters at the conclusion of

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the conference:

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1.

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Any anticipated objections under Federal Rule of Civil Procedure 26(a)(1)

to the initial disclosure provisions of Rule 26(a)(1)(A-E);

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2.

The scheduling of the Rule 26(f) conference;

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3.

The date of initial disclosures and the date for lodging the discovery plan

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following the Rule 26(f) conference; and
4.

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The scheduling of a Case Management Conference pursuant to Rule

16(b).
Plaintiff's(s') counsel shall give notice of the Early Neutral Evaluation Conference
to parties responding to the complaint after April 25, 2011.
Questions regarding this case may be directed to the Magistrate Judge's law
clerk at [phone].2
IT IS SO ORDERED.
DATED: April 25, 2011

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Jan M. Adler
U.S. Magistrate Judge

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Judge Adler's Chambers Rules are posted on the Court's website.
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NOTICE OF RIGHT TO CONSENT TO TRIAL
BEFORE A UNITED STATES MAGISTRATE JUDGE

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IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. § 636(c), YOU ARE

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HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY,

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UPON THE CONSENT OF ALL PARTIES, ON FORM 1A AVAILABLE IN THE

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CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY

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OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT.

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COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR OBTAINING THE

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CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT.

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YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT TO

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CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED SOLELY

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TO THE CLERK OF COURT. ONLY IF ALL PARTIES CONSENT WILL THE JUDGE

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OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED BE

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INFORMED OF YOUR DECISION.

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JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO

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THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND THE

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FEDERAL RULES OF APPELLATE PROCEDURE.

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