LL, we know all the Parties in suit #2 jointly filed motion 117 with the Court on 5 Dec 08. The motion was as follows:

NOTICE OF SELECTION OF MEDIATOR
The parties hereby notify this Court that they jointly propose to use Hon. Harlan Martin (former) as a mediator in this action. Counsel for the Plaintiff has contacted Judge Martin’s office and understands that Judge Martin is available to serve as the mediator.

I've been waiting on an order from the E. Texas Court instructing all Parties to meet on a certain date for the settlement mediation, as the Utah Court did in the digEcor settlement conference. In the digEcor case, both Parties requested an order from the Court to set a settlement conference mediation date.

In the Nikon et al case however, the E. Texas Court was simply given notice that all Parties are about to enter mediation on their own timetable, right? If true, then they could have been negotiating a settlement for the last week or so, depending on when Judge Martin was available. Would be great to get an announcement(s) by Christmas.

Opinions?