`
`ORDER
`
`a. Whether any discussions have occurred between plaintiff and a
`defendant/defendant group regarding settlement; roughly when those discussions
`occurred; who was included/involved in those discussions (e.g., principals or party
`representations, in house counsel, outside counsel, etc.); status of the settlement
`discussions; and, if applicable, the party’s understanding why discussions ended, or
`why they have not occurred. Plaintiff will need to address this provision for each
`defendant or each defendant group.
`b. Timing of when a party believes mediation would be most
`beneficial/productive (e.g., pre- or post-claims construction briefing after Markman but
`before any decisions, after a Markman decision is rendered, before expert reports etc.)
`and a brief explanation why.1 When referencing events in the scheduling order, include
`dates.
`
`c. Whether there are additional matters/issues (e.g. indemnity from
`non-parties, related matters in this or other jurisdictions) of which the court should be
`aware affecting a party’s position on mediation and the timing of mediation.2
`d. For each defendant or defendant group who has received a
`settlement demand or engaged in settlement discussions where settlement numbers
`were raised, a summary of its impressions/comments/thoughts regarding plaintiff’s
`proposal for settlement, or its counterproposal. Each defendant/defendant group shall
`advise if any follow up teleconferences are to occur whether they wish them to be
`confidential and the order not docketed.
`e. If not included in the header of the email (e.g. the “To” or “CC”
`sections), counsel are to provide in their respective email responses, the email
`addresses of those who are to be included or copied on any subsequent responses by
`the court.
`
`2. The emails are confidential and copying other parties in this litigation is
`
`not required.
`
`3. In composing their email submissions, the parties should consider that
`the purpose for the information ordered is to enable the court to determine whether,
`when and with whom follow up discussions regarding mediation should occur.
`Local counsel are reminded of their obligations to inform out-of-state
`counsel of this order. To avoid imposition of sanctions, counsel shall advise the Court
`immediately of any problems regarding compliance with this Order.
`
`
`
`/s/ Mary Pat Thynge
`UNITED STATES MAGISTRATE JUDGE
`
`1 Depending on the information in response to paragraph 1, plaintiff may need to
`address this provision for each defendant or each defendant group.
`
`2 Depending on the information in response to the previous paragraphs, plaintiff
`may need to address this provision for each defendant or each defendant group.