Pacer: e.DIGITAL v. ARCSOFT- Discussion of Settlement May 8, 2015 at 10:00 a.m.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
ARCSOFT, INC., doing business as
Closeli and as simplicam,
Defendant.
Civil No. 15cv56-BEN (DHB)
NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION
CONFERENCE IN PATENT CASES
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 May 8, 2015 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:
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(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) 557-5383.1
IT IS SO ORDERED.
Dated: March 6, 2015
DAVID H. BARTICK
United States Magistrate Judge
SOUTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
ARCSOFT, INC., doing business as
Closeli and as simplicam,
Defendant.
Civil No. 15cv56-BEN (DHB)
NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION
CONFERENCE IN PATENT CASES
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 May 8, 2015 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:
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(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) 557-5383.1
IT IS SO ORDERED.
Dated: March 6, 2015
DAVID H. BARTICK
United States Magistrate Judge
22 Recommendations
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