Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 1 of 6 PageID: 796
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` UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Chambers of
`Leda Dunn Wettre
`United States Magistrate Judge
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`To: All counsel of record
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`May 23, 2023
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`Martin Luther King Federal Building
`& U.S. Courthouse
`50 Walnut Street
`Newark, NJ 07101
`(973) 645-3574
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`LETTER ORDER PURSUANT TO RULE 16.1
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`RE: Jawbone Innovations, LLC v. Sony Electronics, Inc.
` Civil Action No. 23-1161 (CCC) (LDW)
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`Dear Counsel:
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`An initial scheduling conference shall be conducted telephonically on July 18, 2023 at 11:30
`a.m. before Magistrate Judge Leda D. Wettre. At the allotted time, counsel are to dial (888) 684-
`8852, access code 8948139.
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`Counsel are advised that the early disclosure requirements of Fed. R. Civ. P. 26 will be
`enforced. Therefore, counsel shall immediately exchange the following information without a
`formal discovery request:
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`identities of individuals likely to have knowledge of discoverable facts;
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`documents and things in the possession of counsel or the party;
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`identities of experts and their opinions;
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`insurance agreements in force; and
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`statement(s) of the basis for any damages claimed.
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`At least fourteen (14) days prior to the conference scheduled herein, counsel shall personally
`meet and confer pursuant to Fed. R. Civ. P. 26(f) and shall submit a discovery plan to the undersigned
`not later than three (3) business days prior to the conference with the Court. The discovery plan
`shall be submitted jointly and shall be in the form attached.
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`At the conference, the Court will address scheduling of proposed motions. No motions are
`to be filed without written permission from the Court, except for motions in lieu of Answer under
`Federal Rule of Civil Procedure 12 and motions seeking remand that must be filed within thirty days
`of removal under 28 U.S.C. § 1447(c). If any motions already have been filed, the movant shall
`advise the Court immediately, in writing,
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`Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 2 of 6 PageID: 797
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`regarding the nature of the motion and its present status. Counsel may submit unopposed applications
`for pro hac vice admission to Chambers. Counsel should obtain the consent of adverse parties prior to
`filing the application and shall advise, in both the cover letter and the proposed Order, of such consent.
`In addition, counsel shall follow the requirements of L. Civ. R. 101.1(c) with regard to the contents
`of the proposed form of Order and the supporting certifications of local counsel and each proposed pro
`hac vice attorney.
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`At the conference, all parties who are not appearing pro se must be represented by counsel
`who shall have full authority to bind their clients in all pretrial matters. Counsel shall also be
`prepared to discuss the merits of the case and shall have settlement authority. Clients or persons
`with authority over the matter shall be available by telephone. See L. Civ. R. 16.1(a).
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`Counsel for plaintiff(s) shall notify any party who hereafter enters an appearance of the above
`conference and forward to that party a copy of this Order.
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`The parties must advise this Court immediately if this action has been settled or terminated
`so that the above conference may be canceled.
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`SO ORDERED this 23rd day of May, 2023.
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` s/ Leda Dunn Wettre
`Hon. Leda Dunn Wettre
`United States Magistrate Judge
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`Orig: Clerk
`cc: Counsel of Record
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`Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 3 of 6 PageID: 798
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Civil Action No.
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`Hon.
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`JOINT DISCOVERY PLAN
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`Plaintiff(s),
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`Defendant(s). :
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`v.
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`1.
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`2.
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`3.
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`5.
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`Set forth a factual description of the case. Include the causes of action and affirmative
`defenses asserted.
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`Have settlement discussions taken place? Yes
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`No
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`If so, when?
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`(a) What was plaintiff’s last demand?
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`(1) Monetary demand: $
`Non-monetary demand:
`(2)
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`(b)
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`What was defendant’s last offer?
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`(1)
`(2)
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`$
`Monetary offer:
`Non-monetary offer:
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`] exchanged the information required by Fed.
`-have not
`The parties [have
`R. Civ. P. 26(a)(1). If not, state the reason therefor.
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`Describe any discovery conducted other than the above disclosures.
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`Generally, dispositive Motions cannot be filed until the completion of discovery.
`Describe any Motions any party may seek to make prior to the completion of discovery.
`Include any jurisdictional Motions and Motions to Amend.
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`6.
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`The parties propose the following:
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`(a) Discovery is needed on the following subjects:
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`(b)
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`(c)
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`(d)
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`Should discovery be conducted in phases? If so, explain.
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`Number of Interrogatories by each party to each other party:
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`Number of Depositions to be taken by each party:
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`Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 4 of 6 PageID: 799
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`(e)
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`(f)
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`Plaintiff’s expert report due on
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`Defendant’s expert report due on
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`(g) Motions to Amend or to Add Parties to be filed by
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`(h)
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`(i)
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`(j)
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`(k)
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`Dispositive motions to be served within _
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`days of completion of discovery.
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`Factual discovery to be completed by
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`Expert discovery to be completed by
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`Set forth any special discovery mechanism or procedure requested, including
`data preservation orders or protective orders:
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`(l)
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`A pretrial conference may take place on
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`(m) Trial by jury or non-jury Trial?
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`(n)
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`Trial date:
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`.
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`7.
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`8.
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`9.
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`Do you anticipate any discovery problem(s)? Yes
`If so, explain.
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`No
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`Do you anticipate any special discovery needs (i.e., videotape/telephone depositions,
`problems with out-of state witnesses or documents, etc.)? Yes
`No
`If so, explain.
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`State whether this case is appropriate for voluntary arbitration (pursuant to L. Civ. R.
`201.1 or otherwise), mediation (pursuant to L. Civ. R. 301.1 or otherwise), appointment
`of a special master or other special procedure. If not, explain why and state whether any
`such procedure may be appropriate at a later time (i.e., after exchange of pretrial
`disclosures, after completion of depositions, after disposition of dispositive motions,
`etc.).
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`10.
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`Is this case appropriate for bifurcation? Yes
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`No
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`11. We [do
`Judge.
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`do not
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`] consent to the trial being conducted by a Magistrate
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`Attorney(s) for Plaintiff(s)
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`Attorney(s) for Defendant(s)
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`Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 5 of 6 PageID: 800
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`United States District Court for the District of New Jersey
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`NOTICE
`November 2004
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`Dear Bar Member:
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`The United States District Court for the District of New Jersey implemented electronic case
`filing on January 5, 2004. The Case Management/Electronic Case Filing (CM/ECF) system is
`browser-based and accessible over the Internet. We are excited about the benefits this technology
`offers to the court and the bar, especially being able to file and view documents 24 hours a day from
`the convenience of your office or home.
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`Training is essential to utilize the full capabilities of this system. Attorneys are encouraged to
`participate in training and register to become e-filers. For your convenience, we are providing three
`methods of ECF training. Hands-on training classes are offered at each of our three courthouses.
`You can register for these classes on our web site at pacer.njd.uscourts.gov. There is a self-paced
`ECF tutorial that is accessible from our web site as well. We also offer on-site training that can be
`arranged at your firm depending on the number of attendees and the availability of suitable facilities
`by calling (973)-645-4439.
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`ECF registration forms can be obtained from any of our three offices or completed
`electronically on our website. It is strongly suggested that you familiarize yourself with the Policies
`and Procedures that govern the use of this System. The Electronic Case Filing Policies and Procedures
`are available on our web site, along with our ECF Users Guide and other useful information.
`
`In addition to ECF access, it is recommended that a PACER (Public Access to Electronic
`Records) account is obtained. A PACER account will provide Filing Users with querying capabilities.
`PACER is a fee-for-use service offered by the Administrative Office of the United States Courts.
`Contact the PACER Service Center at (800)676-6856 or on-line at http://pacer.psc.uscourts.gov.
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`Please be advised that documents not filed electronically but filed in the traditional
`manner on paper must be accompanied by a floppy diskette or a CD containing the document(s)
`in PDF format. Each PDF document must not exceed 2MB or 2048KB. If the paper document
`contains an original signature, then the electronic version contained on the diskette or CD must
`include a signature line with As/@ (e.g., s/Jennifer Doe).
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`The real success of this system is a function of the number of lawyers who become registered
`e-filing users. Upon receipt of your ECF login and password, the court expects you to file
`electronically. Please take advantage of the CM/ECF training opportunities and become a
`registered e-filer before e-filing becomes mandatory. Beginning January 31, 2005, electronic
`case filing will be mandatory for all civil and criminal cases other than pro se cases.
`
`Sincerely,
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`Clerk of Court
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`Case 2:23-cv-01161-MEF-LDW Document 18 Filed 05/23/23 Page 6 of 6 PageID: 801
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`ALTERNATIVE DISPUTE RESOLUTION
`IN THE
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`Mediation is the Alternative Dispute Resolution (ADR) program in this Court.
`Mediation is governed by Local Civil Rule 301.1. The mediation program under this rule is
`supervised by a judicial officer who is available to answer any questions about the program.
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`Any district judge or magistrate judge may refer a civil action to mediation. This
`may be done without the consent of the parties. However, the Court encourages parties to
`confer among themselves and consent to mediation. Moreover, you are reminded that, when
`counsel confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil
`Rule 26.1, one of the topics that must be addressed is the eligibility of a civil action for
`participation in ADR.
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`A civil action may be referred to mediation at any time. However, one of the
`advantages of mediation is that, if successful, it enables parties to avoid the time and expense of
`discovery and trial. Accordingly, the Court encourages parties to consent to mediation prior to
`or at the time that automatic disclosures are made pursuant to Rule 26(a)(1) of the Federal Rules
`of Civil Procedure.
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`If parties consent to mediation, they may choose a mediator either from the list of
`certified mediators maintained by the Court or by the selection of a private mediator. If a civil
`action is referred to mediation without consent of the parties, the judicial officer responsible for
`supervision of the program will select the mediator.
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`Mediation is non-judgmental. The role of the mediator is to assist the parties in
`reaching a resolution of their dispute. The parties may confer with the mediator on an ex parte
`basis. Anything said to the mediator will be deemed to be confidential and will not be revealed
`to another party or to others without the party’s consent. The first six hours of a mediator’s time
`are free. The mediator’s hourly rate thereafter is $150.00, which is borne equally by the parties.
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`If you would like further information with regard to the mediation program please
`review the Guidelines for Mediation, which are available on the Court’s Web Site at
`pacer.njd.uscourts.gov and appear as Appendix Q to the Local Civil Rules. You may also make
`inquiries of the judicial officer responsible for supervision of the program.
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`Civil actions in which there are pro se parties (incarcerated or not) are not
`eligible for mediation.
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