Even though SAMSUNG coming with all of his ammunition to defend itself in the same October court
meeting , SAMSUNG requested for date set for MEDIATION . Here you willl notice EDIG attorney Mr
YUNGWIRTH claims SAMSUNG proposed for mediation sometimes for NOVEMBER, 2009.
FROM DOCKET;
THE COURT: Okay. Have you talked about a
mediator?
MR. YUNGWIRTH: We have -- we didn’t --
Plaintiffs proposed a mediator. We decided that we’d leave
that issue open. We have a mediation date set, I believe in
November of 2009.
THE COURT: Okay. Why don’t you confer on a
mediator. Let me know within thirty days if you’re able to
agree on a mediator. Then submit me the name --
MR. YUNGWIRTH: Yes, Your Honor.
THE COURT: -- of your proposed mediator. If
you can’t agree on a mediator, then just tell me you’re unable
to agree and I’ll appoint you one. Okay?
MR. YUNGWIRTH: Yes, Your Honor.
THE COURT: If something develops in the case
and one side or the other thinks that mediation would be
pointless, then file a motion to dispense with any requirement
to mediate. All right?
MR. YUNGWIRTH: Yes, Your Honor.
THE COURT: Where are you with respect to your
protective order? You’re currently negotiating?
MR. YUNGWIRTH: Yes, Your Honor, we --
THE COURT: Are you at the end of the
negotiations?
MR. YUNGWIRTH: Pardon me?
THE COURT: Are we almost to the end of those
negotiations?
MR. YUNGWIRTH: I’m not exactly sure. We sent
a draft over to the other side and are waiting for their
comments.
THE COURT: Okay. Likewise, within thirty days
from today, submit me your agreed protective order or your
competing versions. And to the extent one version is more
restrictive than another version, which I assume it would be,
you need to operate on the -- the order of the Court is to
operate under the more restrictive version, pending
disposition of the competing proposals.
MR. YUNGWIRTH: Yes, Your Honor.
THE COURT: You’ve got a trial setting, you’ve
got a docket control order, no disputes over discovery plan,
and a procedure for getting me a mediator’s name and the
protective order.
