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Message: Pacer parties’ settlement position,including their best &final settlement offer!
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Jun 03, 2014 03:23PM

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
Civil
No.
13cv2892 H (BGS)
13cv2894 H (BGS)
13cv2896 H (BGS)
13cv2897 H (BGS)
13cv2899 H (BGS)
13cv2901 H (BGS)
13cv2914 H (BGS)
13cv2915 H (BGS)
13cv2916 H (BGS)
13cv2935 H (BGS)
13cv2937 H (BGS)
13cv2938 H (BGS)
13cv2946 H (BGS)
NOTICE AND ORDER
CONTINUING THE
TELEPHONIC EARLY NEUTRAL
EVALUATION CONFERENCE
FOR THE FOLLOWING CASES:
13cv2897 H (BGS);
13cv2899 H (BGS);
13cv2916 H (BGS);
13cv2935 H (BGS); and
13cv2938 H (BGS)
v.
CALVARY STORAGE, INC.,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
CENTON ELECTRONICS, INC.,
Defendant.
e.Digital Corporation,
Plaintiff,
1 13cv2892 H (BGS)
Case 3:13-cv-02897-H-BGS Document 21 Filed 06/03/14 Page 1 of 5

v.
CORSAIR MEMORY, INC.,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
NEW DANE, dba DANE-ELEC;
GIGASTONE CORPORATION; and
DANE ELEC CORP. USA aka DANE
CORP.,
Defendants.
e.Digital Corporation,
Plaintiff,
v.
EYE-FI, INC.
Defendant .
e.Digital Corporation,
Plaintiff,
v.
FUSION - IO, INC.,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
MUSHKIN, INC.,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
OTHER WORLD COMPUTING, INC.,
2 13cv2892 H (BGS)
Case 3:13-cv-02897-H-BGS Document 21 Filed 06/03/14 Page 2 of 5
Defendant.
e.Digital Corporation,
Plaintiff,
v.
PATRIOT MEMORY, LLC,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
SILICON POWER COMPUTER &
COMMUNICATIONS, INC.; and
SILICON POWER COMPUTER &
COMMUNICATIONS USA, INC.,
Defendants.
e.Digital Corporation,
Plaintiff,
v.
SUPER TALENT TECHNOLOGY
CORPORATION,
Defendant.
e.Digital Corporation,
Plaintiff,
v.
SWISSBIT AG; SWISSBIT NA, INC.,
Defendants.
e.Digital Corporation,
Plaintiff,
v.
3 13cv2892 H (BGS)
Case 3:13-cv-02897-H-BGS Document 21 Filed 06/03/14 Page 3 of 5
SEAGATE TECHNOLOGY, LLC,
Defendant.
In keeping with the consolidation of the various e.Digital cases by the
Honorable Marilyn L. Huff,1 the Court will hold a JOINT telephonic Early Neutral
Evaluation Conference for the following cases on June 27, 2014 at 10:00 a.m.
13cv2897 H (BGS) - e.Digital v. New Dane;
13cv2899 H (BGS) - e.Digital v. Eye-Fi;
13cv2916 H (BGS) - e.Digital v. Patriot Memory;
13cv2935 H (BGS) - e.Digital v. Silicon Power Computer; and
13cv2938 H (BGS)- e.Digital v. Swissbit
As a result, the previously scheduled ENE dates for the cases listed above are
VACATED. Plaintiff’s counsel is ORDERED to arrange the group conference call
and provide a call-in number for all Defendants and the Court.
The parties are hereby advised that the Scheduling Order issued by the
Honorable Marilyn L. Huff is the controlling Scheduling Order as to the dates and
deadlines with which the parties must comply during the course of each of the
consolidated cases. [See Consolidated Scheduling Order at ECF No. 26.]
Accordingly, there is no need for the parties to submit a proposed scheduling
order to Judge Skomal with their discovery plan. Instead, joint discovery plans
must address the parties’ positions as to electronically stored information (“ESI”)
and protective orders as well as provide a proposed ESI order and a proposed joint
protective order for the Court’s review. The parties are directed to consult Judge
Skomal’s chambers rules at
http://www.casd.uscourts.gov/Rules for further details
on the Court’s requirements as to Early Neutral Evaluation Conferences, discovery
protocol and protective orders.
1See Case No. 13cv2892 H (BGS), e.Digital Corp. v.Cavalry Storage, Inc., at ECF No. 26.
4 13cv2892 H (BGS)
Case 3:13-cv-02897-H-BGS Document 21 Filed 06/03/14 Page 4 of 5
IT IS FURTHER ORDERED that all ENE statements in the consolidated
cases shall: (1) set forth the parties’ settlement position, including their best and
final settlement offer; and (2) be no more than three pages in length. If a party
contends it is unable to provide its settlement position, it must state why with
particularity and indicate what information it needs in order to be able to provide the
Court with its position.
So as not to inundate the Court with the submission of all of the parties’
ENE statements and discovery plans on the same day, the due dates of the various
parties’ ENE statements ARE NOT CONTINUED. In addition, this rolling
production of ENE briefs and discovery plans will also assist Plaintiff’s counsel in
their management of these cases. ENE statements and joint discovery plans in the
following cases are due as follows:
13cv2897 H (BGS) - e.Digital v. New Dane - June 4, 2014 deadline
13cv2899 H (BGS) - e.Digital v. Eye-Fi - June 13, 2014 deadline
13cv2916 H (BGS) - e.Digital v. Patriot Memory - June 6, 2014 deadline
13cv2935 H (BGS) - e.Digital v. Silicon Power Computer - June 2, 2014 deadline
13cv2938 H (BGS)- e.Digital v. Swissbit - June 9, 2014 deadline
IT IS SO ORDERED.
DATED: June 2, 2014
Hon. Bernard G. Skomal
U.S. Magistrate Judge
United States District Court

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