Berall v. Verathon Inc. et al

Filing 162

ORDER granting 156 Letter Motion for Local Rule 37.2 Conference. The parties shall appear for a telephonic conference on June 11 at 10:00 a.m. The dial-is is (888) 363-4734, access code: 4645450. SO ORDERED. Telephone Conference set for 6/11/2020 at 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 6/8/2020) (va)

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Case 1:10-cv-05777-LAP-DCF Document 156 Filed 05/22/20 Page 1 of 3 601 Lexington Avenue New York, NY 10022 United States Ashley Ross To Call Writer Directly: +1 212 446 4954 ashley.ross@kirkland.com www.kirkland.com 22, 2020 Filed via ECF THE HONORABLE LORETTA A. PRESKA United States District Judge Southern District of New York United States Courthouse, Courtroom 12A 500 Pearl Street New York, NY 10007-1312 Re: Facsimile: +1 212 446 4900 +1 212 446 4800 The parties shall appear for a telephonic conference on June 11 at 10:00 a.m. The dial-in is (888) 363-4734, access code: 4645450. SO ORDERED. June 8, 2020 ________________________ LORETTA A. PRESKA, USDJ Letter-Motion for Pre-Motion Discovery Conference Local Civil Rule 37.2 Berall v. Verathon, Inc. et al., C.A. No. 1:10-cv-05777-LAP-DCF Dear Judge Preska: Pursuant to Your Honor’s Individual Practices and April 30, 2020 Order (D.I. 156), we write on behalf of Dr. Jonathan Berall to request a Pre-Motion Discovery Conference in the abovenamed patent case regarding certain mediation-related disputes. In accordance with your Order, we have met and conferred with counsel for each Defendant, and, as to the Verathon Inc. (“Verathon”) dispute outlined below, sought assistance of the mediator regarding disclosures we believe are necessary for a fruitful mediation. We have been unable to come to a meeting of the minds on two issues, and request an informal conference with the Court. First, LMA North America, Inc. (“LMA”) has sought disclosure of the settlement agreements between Dr. Berall and certain former Defendants in this matter. At least one agreement contains confidentiality provisions requiring Dr. Berall to obtain permission from the other party to the agreement before disclosure. That party has requested that prior to disclosure, we obtain a Protective Order in order to ensure confidentiality of the terms of that agreement. Dr. Berall does not oppose this request, and believes that entry of a Protective Order will facilitate mediation discovery while preserving the legitimate business interests of the parties and other persons. Dr. Berall sent each Defendant a draft Protective Order. Their responses and positions (as Dr. Berall currently understands them) are as follows: • • Beijing Boston LMA has agreed to entry of a Stipulated Protective Order limited to mediation. Verathon initially indicated agreement on entry of a Stipulated Protective Order, but later rescinded their agreement and now refuses such entry. Chicago Dallas Hong Kong Houston London Los Angeles Munich Palo Alto Paris San Francisco Shanghai Washington, D.C.

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