Doc 303 filed today which amends the mediation scheduling order set. It is still set for this Thursday and both Parties are required to be present from 8:30am to 5:00pm at the courthouse. I will upload the document but have also pasted it below. All underlining is from me. Based on the confidentiality statement, we may not ever know what the settlement terms are...if there is a settlement. Based on the fact that both Parties have requested this mediation by Judge Nuffer, I like the chances this will go away this month.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DIGECOR
Plaintiff(s),
vs.
E DIGITAL
Defendant(s).
ORDER FOR MEDIATION
CONFERENCE
Case No: 2:06-CV-437 CW
District Judge Clark Waddoups
Magistrate Judge David Nuffer

Pursuant to the order of the district judge this case is set for a mediation conference before the undersigned on Thursday, December 11, 2008, from 8:30 a.m. through 5:00 p.m. in the ADR Suite, Room 405, at the U.S. Courthouse, 350 South Main Street, Salt Lake City, UT.

IT IS HEREBY ORDERED:
Participation of Parties: Each party or, in the case of an entity. a representative with full settlement authority, must be physically present and participate in the settlement conference for the entire time period. Counsel must also be present.

Case Status Report: Counsel shall meet and confer and by 4:00 pm, Tuesday,
December 9, 2008, the parties shall deliver an agreed case status report directly to the Magistrate Judge at mj.nuffer@utd.uscourts.gov or Room 483, U.S. Courthouse, 350 South Main Street, Salt Lake City, UT 84101. The agreed case status report shall include the following:

1. A brief statement of the facts of the case;

2. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded, and relief sought;

3. A brief statement of the facts and issues upon which the parties agree and a
description of the major issues in dispute; a

4. A summary of relevant proceedings to date including rulings on motions and
motions outstanding; and

5. A certification of counsel that all fact discovery has been completed.
Confidential Mediation Conference Statement: by 2:00 pm Wednesday, December
10, 2008, each party shall separately lodge with the Magistrate Judge a confidential mediation conference statement including:

• 1. A forthright evaluation of the party’s likelihood of prevailing on the claims and defenses;

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

• 3. Identification of any discrete issues which, if resolved, would aid in the settlement of the case; and

• 4. The party's position on settlement, including present demands and offers and history of past settlement discussions, offers and demands.

The confidential mediation conference statement should be delivered directly to the Magistrate Judge. Copies of the confidential mediation conference statement shall not be filed with the Clerk of the Court, nor served upon the other parties or counsel. The Court and its personnel shall not permit other parties or counsel to have access to these confidential mediation conference statements.

Discussion with Client: In advance of the conference, counsel and clients should fully discuss the case status report, confidential mediation conference statement and medation considerations.

Role of Mediation Judge: The mediation judge will encourage communication among the parties and counsel; assist in identifying areas of agreement and disagreement; encourage resolution of issues; and, if possible, facilitate settlement of the case. The mediation judge will not order terms or conditions of settlement but may evaluate risks and advantages and recommend terms of settlement.

Confidentiality: No report of proceedings, including any statement made by a party, attorney, or other participants, in the settlement conference may be reported, recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission unless otherwise discoverable.

Pursuant to DUCivR 16-3(d), a written report for the purposes of informing the referring judge whether or not the dispute has been settled is the only permissible communication allowed with regard to the mediation conference. No party will be bound by anything agreed upon or spoken at the conference except as provided in a written settlement agreement. No participant in the settlement conference may be compelled to disclose in writing or otherwise, or to testify in any proceeding, as to information disclosed or representations made during the mediation conference process, except as required by law.

For questions related to the conference, counsel may contact Michelle Roybal, ADR
Administrator, at 801 524 6128.
December 5, 2008.
BY THE COURT:
_____________________________
David Nuffer
U.S. Magistrate Judge