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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
DROPCAM, INC.,
Defendant.
))))))))))
Case No. 14-cv-1579-BEN (DHB)
NOTICE AND ORDER FOR
EARLY NEUTRAL
EVALUATION CONFERENCE IN
PATENT CASE
Pursuant to Patent Local Rule 2.1.a, which requires that an Early Neutral Evaluation
(“ENE”) Conference take place within sixty (60) days of a defendant making its first
appearance in the case,
IT IS HEREBY ORDERED that an ENE Conference will be held
on
October 6, 2014 at 10:00 a.m. in the chambers of the Honorable David H. Bartick,
United States Magistrate Judge, United States Courthouse, 333 West Broadway, Suite 1080,
San Diego, California.
Pursuant to Rule 16.1.c. of the Civil Local Rules,
all named parties, all counsel, and
any other person(s) whose authority is required to negotiate and enter into settlement
shall appear in person at the conference,
shall be prepared to discuss the claims and
defenses, and shall be legally and factually prepared to discuss and resolve the case at the
ENE Conference. The individual(s) present at the ENE Conference with settlement authority
must have the unfettered discretion and authority on behalf of the party to: 1) fully explore
all settlement options and to agree during the ENE Conference to any settlement terms
acceptable to the party (
G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648,
653 (7th Cir. 1989)), 2) change the settlement position of a party during the course of the
ENE Conference (
Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and
3) negotiate a settlement without being restricted by any predetermined level of authority
(
Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)).
Governmental entities may appear through litigation counsel only. As to all other
parties, appearance by litigation counsel only is not acceptable. Retained outside corporate
counsel shall not appear on behalf of a corporation as the party who has the authority to
negotiate and enter into a settlement.
The failure of any counsel, party or authorized
person to appear at the ENE Conference as required will result in the immediate
imposition of sanctions.
All conference discussions will be informal, off the record, privileged, and
confidential.
Counsel for any non-English speaking parties is responsible for arranging for the
appearance of an interpreter at the conference.
At least five (5) court days prior to the ENE
, the parties shall submit confidential
ENE Statements directly to Judge Bartick’s chambers.
The statements shall be no longer
than five (5) pages in length
. The ENE Statements shall outline the nature of the case, the
claims, the defenses, and the parties’ positions regarding settlement of the case. The ENE
Statements may be hand delivered to Judge Bartick’s chambers or e-mailed to:
efile_Bartick@casd.uscourts.gov
.
In the event the case does not settle at the ENE Conference, the parties can expect to
leave the conference with a Case Management Order including a Claim Construction briefing
schedule and hearing date.
The parties shall therefore meet and confer pursuant to Rule
26(f) no later than 21 days before the ENE Conference
and be prepared to discuss the
following matters at the conclusion of the conference:
Case 3:14-cv-01579-BEN-DHB Document 18 Filed 08/13/14 Page 2 of 4
1. 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;
2. The need for and specific limitations on discovery relating to claim
construction, including depositions of percipient and expert witnesses;
3. The need, if any, to phase damage discovery.
The Court will issue an order following the ENE Conference addressing these issues
and setting dates as appropriate.
Plaintiff’s counsel shall give notice of the ENE Conference to parties responding to
the complaint after the date of this notice.
Early Neutral Evaluation Conferences will be rescheduled only upon a showing of
good cause and adequate notice to the Court. If counsel wish to reschedule this conference,
counsel for all parties shall jointly contact the Court. The Court reminds counsel and parties
that conferences held beyond 60 days of the filing of an answer are contrary to Rule 2.1.a of
the Patent Local Rules, and are seriously disfavored by the Court.
Questions regarding this case may be directed to Judge Bartick’s law clerk at (619)
557-5383.
IT IS SO ORDERED.
DATED: August 13, 2014
DAVID H. BARTICK
United States Magistrate Judge
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