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