`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Civil Action No.12-cv-11758
`HONORABLE GERSHWIN A. DRAIN
`
`EVERLIGHT ELECTRONICS CO., LTD.,
`and EMCORE CORPORATION,
`
`Plaintiffs and
`Counter-Defendants,
`
`v.
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`
`Defendants and
`Counter-Plaintiffs,
`
`v.
`
`EVERLIGHT AMERICAS, INC.,
`
`Defendant.
`_________________________________/
`
`ORDER CONCERNING PHONE CONFERENCE AND FOR FACILITATION AND
`RESCINDING ORDER FOR CASE EVALUATION
`
`On March 10, 2014, the parties appeared by telephone for a status conference concerning the
`
`parties’ proposed stipulated order severing and staying the claims, defenses and counterclaims
`
`related to the ‘215 Patent. At the conference, the parties discussed with the Court the alternatives
`
`to entering a stay concerning the ‘215 Patent. The parties indicated a desire to speak with their
`
`clients concerning this Court’s request for entry of an order dismissing the ‘215 Patent claims
`
`without prejudice. The parties shall contact the Court no later than March 18, 2014 and indicate
`
`whether they will agree to the dismissal of these claims without prejudice.
`
`The parties also discussed the option of facilitation during the conference. The Court has
`
`determined that this matter would benefit from facilitation in lieu of case evaluation, accordingly
`
`-1-
`
`
`
`4:12-cv-11758-GAD-MKM Doc # 259 Filed 03/10/14 Pg 2 of 3 Pg ID 12019
`
`IT IS ORDERED THAT:
`
`1.
`
`2.
`
`The Facilitation shall take place in mid-to-late August or anytime during the month
`
`of September. Facilitation shall occur no later than September 30, 2014.
`
`The following persons shall be present:
`
`A.
`
`B.
`
`Attorneys in principal charge of the case;
`
`All the parties of record, which must include representatives from each party
`
`with full settlement authority.
`
`3.
`
`The parties shall be responsible for agreeing on a Facilitator. Once the parties obtain
`
`a date for the facilitation, the parties shall submit a stipulated order to the Court
`
`identifying the date and time scheduled for the facilitation. The stipulated order is
`
`due no later than July 15, 2014.
`
`4.
`
`Oral or written statements made for or during facilitation by anyone are inadmissible
`
`in any evidentiary proceeding. The facilitator may not be called to testify about the
`
`facilitation.
`
`This Court’s Order for Case Evaluation [Dkt. No. 48] is hereby RESCINDED.
`
`SO ORDERED.
`
`Dated: March 10, 2014
`
`/s/ Gershwin A. Drain
`GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`
`-2-
`
`
`
`4:12-cv-11758-GAD-MKM Doc # 259 Filed 03/10/14 Pg 3 of 3 Pg ID 12020
`
`Copies of this Order were served upon attorneys of record on March 10, 2014, by electronic and/or ordinary mail.
`
`CERTIFICATE OF SERVICE
`
`/s/ Tanya Bankston
`Deputy Clerk
`
`-3-
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