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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`: C. A. No. 16-453-RGA
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`: C. A. No. 16-454-RGA
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`v.
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`ACTIVISION BLIZZARD, INC.,
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`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
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`ELECTRONIC ARTS INC.,
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`:
`Defendant.
`__________________________________ :
`:
`
`:
`Defendant.
`__________________________________ :
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`: C. A. No. 16-455-RGA
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`ACCELERATION BAY LLC,
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`Plaintiff,
`
`v.
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`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and
`2K SPORTS, INC.,
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`:
`Defendants.
`__________________________________ :
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`ORDER
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`At Wilmington, this 27th day of February, 2017.
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`On or before March 13, 2017, each party or each party group shall email
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`
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`Case 1:16-cv-00455-RGA Document 58 Filed 02/27/17 Page 2 of 3 PageID #: 2467
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`to Chief Magistrate Judge Thynge, with a copy to her Judicial Administrator, Cathleen
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`Kennedy, the following information:
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`a. Whether any discussions have occurred between plaintiff and a
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`defendant/defendant group regarding settlement; roughly when those discussions
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`occurred; who was included/involved in those discussions (e.g., principals or party
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`representations, in house counsel, outside counsel, etc.); status of the settlement
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`discussions; and, if applicable, the party’s understanding why discussions ended, or
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`why they have not occurred. Plaintiff will need to address this provision for each
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`defendant or each defendant group.
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`b. Timing of when a party believes mediation would be most
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`beneficial/productive (e.g., pre- or post-claims construction briefing after Markman but
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`before any decisions, after a Markman decision is rendered, before expert reports etc.)
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`and a brief explanation why.1 When referencing events in the scheduling order, include
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`dates.
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`c. Whether there are additional matters/issues (e.g. indemnity from
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`non-parties, related matters in this or other jurisdictions) of which the court should be
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`aware affecting a party’s position on mediation and the timing of mediation.2
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`d. For each defendant or defendant group who has received a
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`settlement demand or engaged in settlement discussions where settlement numbers
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`were raised, a summary of its impressions/comments/thoughts regarding plaintiff’s
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`1 Depending on the information in response to paragraph 1, plaintiff may need to
`address this provision for each defendant or each defendant group.
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`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.
`
`
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`Case 1:16-cv-00455-RGA Document 58 Filed 02/27/17 Page 3 of 3 PageID #: 2468
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`proposal for settlement, or its counterproposal. Each defendant/defendant group shall
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`advise if any follow up teleconferences are to occur whether they wish them to be
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`confidential and the order not docketed.
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`e. If not included in the header of the email (e.g. the “To” or “CC”
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`sections), counsel are to provide in their respective email responses, the email
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`addresses of those who are to be included or copied on any subsequent responses by
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`the court.
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`not required.
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`2. The emails are confidential and copying other parties in this litigation is
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`3. In composing their email submissions, the parties should consider that
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`the purpose for the information ordered is to enable the court to determine whether,
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`when and with whom follow up discussions regarding mediation should occur.
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`Local counsel are reminded of their obligations to inform out-of-state
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`counsel of this order. To avoid imposition of sanctions, counsel shall advise the Court
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`immediately of any problems regarding compliance with this Order.
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`
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`/s/ Mary Pat Thynge
`Chief U.S. Magistrate Judge
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