Pacer: EDIG v.OTHER WORLD COMPUTING- Agree for ENE ( focus on settlement?)
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Message: Time & Sales - Wednesday 4/2/14 Vol 127,080 Closed at $0.059
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation, Civil
No.
13cv2915 H (BGS)
Plaintiff,
NOTICE AND ORDER FOR
TELEPHONIC EARLY NEUTRAL
EVALUATION CONFERENCE IN
PATENT CASES
v.
OTHER WORLD COMPUTING, INC.,
Defendant.
IT IS HEREBY ORDERED that an Early Neutral Evaluation of your case
will be held on
April 25, 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.
1.
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.
2.
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.
3.
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.
4.
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
a
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.
5.
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
unless
submitted in
writing no less than twenty-one (21) days prior to the scheduled
conference.
6.
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 27, 2014
Hon. Bernard G. Skomal
U.S. Magistrate Judge
United States District Court
19 Recommendations
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