Agoracom: Small Cap Investment - e.Digital - Pacer :EDIG v. Patriot Memory agree for ENE Conference

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Pacer :EDIG v. Patriot Memory agree for ENE Conference - settlement discussion?

in response to

Time & Sales - Thursday 3/27/14 Vol 118,310 Closed at $0.0542

Moo

posted on Mar 27, 2014 06:00PM

DISTRICT OF CALIFORNIA

e.Digital Corporation, Civil

No.

13cv2916 H (BGS)

Plaintiff,

NOTICE AND ORDER FOR

TELEPHONIC EARLY NEUTRAL

EVALUATION CONFERENCE IN

PATENT CASES

PATRIOT MEMORY, LLC,

Defendant.

IT IS HEREBY ORDERED that an Early Neutral Evaluation of your case

will be held on

May 28, 2014, at 2:00 p.m. before United States Magistrate Judge

Bernard G. Skomal. Due to limited availability on the Court’s calendar, the

conference shall be telephonic, with attorneys only. Plaintiff’s attorney shall

coordinate and initiate the conference call.

The following are mandatory guidelines for the parties preparing for

the Early Neutral Evaluation Conference.

Purpose of Conference: The purpose of the Early Neutral

Evaluation Conference (“ENE”) is to permit an informal discussion of every aspect

of the lawsuit in an effort to achieve an early resolution of the case. All conference

discussions will be informal, off the record, privileged and confidential. If the

parties agree that a further settlement conference, in-person, with attorneys and

parties, will be productive, one can be scheduled at the ENE.

Confidential ENE Statements Required: No later than fourteen (14)

days before the ENE

, the parties must submit confidential statements of seven

pages or less directly to Judge Skomal. The statements must set forth the pertinent

legal and factual issues in the case, but should focus on issues most pertinent to

settling the matter. These statements shall not be filed or served on opposing

counsel. ENE statements must be emailed to

efile_Skomal@casd.uscourts.gov.

New Parties Must Be Notified by Plaintiff’s Counsel: Plaintiff’s

counsel shall give notice of the ENE to parties responding to the complaint after the

date of this notice.

Case Management Under the Amended Federal Rules and Local

Patent Rules:

In the event the case does not settle at the ENE, the parties can

expect to end the ENE with Rule 26 compliance dates and deadlines, and a Case

Management Order including a Claim Construction briefing schedule and hearing

date.

Parties shall therefore meet and confer pursuant to Fed. R. Civ. P. 26(f)

no later than 21 days before the ENE

a. Any anticipated objections under Federal Rule of Civil Procedure

26(a)(1)(E) to the initial disclosure provisions of Federal Rule of

Civil Procedure 26(a)(1)(A-D) and the date of initial disclosures;

b. Whether the parties will request the preservation and production of

Electronically Stored Information ("ESI") and, if so:

i. the nature, location, and scope of discoverable ESI;

ii. the agreed form of production;

iii. the agreed search methodology;

iv. whether any proportionality issues exist and whether the parties

have identified issues with respect to inaccessible ESI;

c. Any proposed modification of the deadlines provided for in the

Patent Local Rules, and the effect of any such modification on the

date and time of the Claim Construction Hearing, if any;

d. The need for and specific limitations on discovery relating to claim

construction, including depositions of percipient and expert

witnesses; and

Any proposed modifications to the limitations on discovery imposed

under the Federal Rules of Civil Procedure or by local rule;

e. The need, if any, to phase damage discovery.

The parties must include their positions with respect to the above issues in

Joint Discovery Plan submitted to Judge Skomal’s chambers, as well as filed on

the CM/ECF system at least

fourteen (14) days before the ENE.

The Court will issue an order following the ENE addressing these issues

and setting dates as appropriate.

Requests to Continue an ENE Conference: Local Patent Rule

2.1.a requires that an ENE take place within 60 days of the filing of the first answer.

Requests to continue ENEs are rarely granted.

Absent extraordinary

circumstances, requests for continuances will not be considered

Settlement Prior to ENE Conference: The Court encourages the

parties to work on settling the matter in advance of the ENE Conference. In the

event that the parties resolve the matter prior to the day of the conference, the

following procedures must be followed before the Court will vacate the ENE and

excuse the parties from appearing telephonically:

A. The parties may file a Joint Motion to Dismiss and submit a

proposed order to the assigned district judge. If a Joint Motion to Dismiss is filed,

the Court will immediately vacate the ENE;

B. If the parties settle more than 24 hours before the conference but

are not able to file a Joint Motion to Dismiss, they must file a Notice of Settlement

containing the electronic signatures of counsel for all settling parties and must also

identify a date by which the Joint Motion to Dismiss will be filed;

C. If the parties settle less than 24 hours before the conference,

counsel for the settling parties must JOINTLY call chambers and inform the Court

of the settlement and receive Court permission to not appear at the ENE.

Questions regarding this case or the mandatory guidelines set forth herein

may be directed to Skomal's research attorney at (619) 557-2993.

A Notice of Right to Consent to Trial Before a United States Magistrate

Judge is attached for your information.

IT IS SO ORDERED.

DATED: March 25, 2014

Hon. Bernard G. Skomal

U.S. Magistrate Judge

United States District Court

NOTICE OF RIGHT TO CONSENT TO TRIAL

BEFORE A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. § 636(c), you are hereby

notified that a U.S. Magistrate Judge of this district may, upon the consent of all

parties on form1a (available in the clerk’s office), conduct any or all proceedings,

including a jury or non-jury trial, and order the entry of a final judgment. Counsel

for the plaintiff shall be responsible for obtaining the consent of all parties, should

they desire to consent.

You should be aware that your decision to consent or not to consent is

entirely voluntary and should be communicated solely to the Clerk of Court. Only if

all parties consent will the Judge or Magistrate Judge to whom the case has been

assigned be informed of your decision.

Judgments of the U.S. Magistrate Judges are appealable only to the U.S.

Court of Appeals in accordance with this statute and the Federal Rules of Appellate