Ixi Mobile (R&D) Ltd. et al v. Apple, Inc.

Northern District of California, cand-4:2015-cv-03755

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 7/11/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor. Signed by Magistrate Judge Sallie Kim on 4/1/2019.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 IXI MOBILE (R&D) LTD., et al., 7 Case No. 15-cv-03755-HSG (SK) Plaintiffs, 8 v. NOTICE OF SETTLEMENT 9 CONFERENCE AND SETTLEMENT APPLE, INC., CONFERENCE ORDER 10 Defendant. 11 12 TO ALL PARTIES AND COUNSEL OF RECORD: Northern District of California United States District Court 13 The above matter was referred to Magistrate Judge Sallie Kim for settlement purposes. 14 You are hereby notified that a Settlement Conference is scheduled for July 11, 2019 at 15 9:30 a.m. in Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, 16 California 94102. 17 It is the responsibility of counsel to ensure that whatever discovery is needed for all sides 18 to evaluate the case for settlement purposes is completed by the date of the Settlement Conference. 19 Counsel shall cooperate in providing discovery informally and expeditiously. 20 Lead trial counsel shall appear at the Settlement Conference with the parties. Any party 21 who is not a natural person shall be represented by the person(s) with unlimited authority to 22 negotiate a settlement. A person who needs to call another person not present before agreeing to 23 any settlement does not have full authority. An insured party shall appear with a representative of 24 the carrier with full authority to negotiate up to the limits of coverage. Personal attendance of a 25 party representative will rarely be excused by the Court, and then only upon separate written 26 application demonstrating substantial hardship served on opposing counsel and lodged as early as 27 the basis for the hardship is known but no later than the Settlement Conference Statement. 28 If parties have not previously made settlement offers, Plaintiff shall submit a 1 settlement demand no fewer than 14 calendar days prior to the Settlement Conference. 2 Defendant shall submit a response to the demand no later than 7 days before the Settlement 3 Conference. 4 Each party shall prepare a Settlement Conference Statement, which must be 5 LODGED with the undersigned's Chambers (NOT electronically filed) no later than 6 fourteen (14) calendar days prior to the conference. Please 3-hole punch the document at the 7 left side. 8 All parties shall also submit their Settlement Conference Statement in .pdf format 9 and email their statement to SKSettlement@cand.uscourts.gov. 10 The Settlement Conference Statement must be served on opposing counsel. The 11 Settlement Conference Statement shall not exceed ten (10) pages of text and twenty (20) pages of 12 exhibits and must include the following: Northern District of California United States District Court 13 1. A brief statement of the facts of the case. 14 2. A brief statement of the claims and defenses including, but not limited to, statutory 15 or other grounds upon which the claims are founded and a candid evaluation of the 16 parties' likelihood of prevailing on the claims and defenses. 17 3. A list of the key facts in dispute and a brief statement of the specific evidence 18 relevant to a determination of those facts. 19 4. A summary of the proceedings to date and any pending motions. 20 5. An estimate of the cost and time to be expended for further discovery, pretrial and 21 trial. 22 6. The relief sought, including an itemization of damages. 23 7. The party's position on settlement, including present demands and offers and a 24 history of past settlement discussions. 25 Any party may submit an additional confidential settlement letter to the Court not to 26 exceed three (3) pages, and the contents of this confidential settlement letter will not be disclosed 27 to the other parties. However, parties may not refuse to share information in the items 1 through 7 28 above. The parties should title any additional confidential settlement letter as such and also denote 2 1 on each page, either in the header or footer, that the letter is "Not Shared." 2 It is not unusual for the conference to last eight (8) or more hours. The parties should be 3 prepared to discuss such issues as: 4 1. Their settlement objectives. 5 2. Any impediments to settlement they perceive. 6 3. Whether they have enough information to discuss settlement. If not, what 7 additional information is needed? 8 4. The possibility of a creative resolution of the dispute. 9 The parties shall notify Chambers immediately at (415) 522-2112 if this case settles prior 10 to the date set for Settlement Conference. Counsel shall provide a copy of this order to each party 11 who will participate in the conference. 12 IT IS SO ORDERED. Northern District of California United States District Court 13 Dated: April 1, 2019 14 15 ________________________ SALLIE KIM 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 3