Tzumi Innovations, LLC v. Wheeler et al

Filing 70

ORDER RE CONTINUED SETTLEMENT PROCEEDINGS:No later than December 3, 2021, plaintiff shall produce the "economic benefit"materials discussed during the conference, for settlement purposes only. Between now and December 3 the parties shall meet and confer in good faith to ensure that both sides understand what has been requested and what will be produced. Promptly upon production of the economic benefit materials, the parties shall continue their settlement negotiations bilaterally and in good faith, including at least one "real time" settlement discussion (in person or by telephone or videoconference) of the outstanding issues, and each party shall convey to the opposing party at least one good-faith settlement demand or offer, in advance of the deadline, set forth below, for submitting a confidential settlement update letter to the Court. Prior negotiations and/or settlement proposals cannot be relied upon for the purpose of this Order. No later than December 17, 2021, the parties shall submit a joint confidential settlement update letter by email, addressed to [e-mail], and marked "Confidential Material for Use Only at Settlement Conference." Do not file the confidential settlement letter on ECF. In six pages or less, the letter should confirm that the parties complied with paragraph 1 and 2 above, update the Court as to each party's current settlement position; advise the Court whether a further judicially supervised settlement conference would be productive; and, if so, provide proposed dates for that conference. The Court ordinarily conducts settlement conferences at 2:15 or 4:15 p.m. every weekday except Friday. Nothing in this Order suspends or affects the parties' other litigation deadlines or obligations. (Signed by Magistrate Judge Barbara C. Moses on 11/18/2021) (rro)

Case 1:21-cv-00122-LGS Document 70 Filed 11/18/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/18/2021

TZUMI INNOVATIONS, LLC,
Plaintiff,
-againstANDREW R. WHEELER, et al.,
Defendants.

21-CV-122 (LGS) (BCM)
ORDER RE CONTINUED
SETTLEMENT PROCEEDINGS

BARBARA MOSES, United States Magistrate Judge.
For the reasons discussed during the November 17, 2021 settlement conference:
1.

No later than December 3, 2021, plaintiff shall produce the "economic benefit"

materials discussed during the conference, for settlement purposes only. Between now and
December 3 the parties shall meet and confer in good faith to ensure that both sides understand
what has been requested and what will be produced.
2.

Promptly upon production of the economic benefit materials, the parties shall

continue their settlement negotiations bilaterally and in good faith, including at least one "real
time" settlement discussion (in person or by telephone or videoconference) of the outstanding
issues, and each party shall convey to the opposing party at least one good-faith settlement
demand or offer, in advance of the deadline, set forth below, for submitting a confidential
settlement update letter to the Court. Prior negotiations and/or settlement proposals cannot be
relied upon for the purpose of this Order.
3.

No later than December 17, 2021, the parties shall submit a joint confidential

settlement update letter by email, addressed to [e-mail], and
marked "Confidential Material for Use Only at Settlement Conference." Do not file the
confidential settlement letter on ECF. In six pages or less, the letter should confirm that the
parties complied with ¶¶ 1 and 2 above, update the Court as to each party's current settlement

Case 1:21-cv-00122-LGS Document 70 Filed 11/18/21 Page 2 of 2

position; advise the Court whether a further judicially supervised settlement conference would be
productive; and, if so, provide proposed dates for that conference. The Court ordinarily conducts
settlement conferences at 2:15 or 4:15 p.m. every weekday except Friday.
4.

Nothing in this Order suspends or affects the parties' other litigation deadlines or

obligations.
Dated: November 18, 2021
New York, New York
SO ORDERED.

________________________________
BARBARA MOSES
UNITED STATES MAGISTRATE JUDGE

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