Vertical Computer Systems Inc (fka VCSY)

[lbman]

settlement conference

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
INTERWOVEN, INC.,
Plaintiff, No. C-10-4645 RS (EDL)
v. NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER
VERTICAL COMPUTER SYSTEMS, INC.,
Defendant.
___________________________________/
TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter was referred to Magistrate Judge Elizabeth D. Laporte for Settlement
Conference. You are hereby notified that the conference is scheduled for December 11, 2012, at
11:00 a.m., Courtroom E, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,
California 94102. If the above date is not possible for the parties and counsel, or if the parties believe
that settlement discussions would be more productive at a different time, counsel shall confer with each
other and then contact Magistrate Judge Laporte's Courtroom Deputy within a week at
to determine whether it is possible and appropriate to reschedule the conference.
Lead trial counsel or a party without a lawyer shall appear at the Settlement Conference with
the parties and with the person or persons having full authority to negotiate and to settle the case. In
all cases in which a party is insured, the carrier's claims representative and attorney, if any, with full
authority to negotiate up to the limits of coverage shall also attend the Settlement Conference. In cases
where settlement authority rests with a governing body, counsel or a party without a lawyer, shall
advise the Court and opposing party by letter at least 72 hours prior to the conference, of the manner in
which the governing body will appear.
Case3:10-cv-04645-RS Document153 Filed11/29/12 Page1 of 3

United States District Court
For the Northern District of California

Personal attendance by counsel or a party without a lawyer will not be excused under any
circumstances and personal attendance by a party will rarely be excused. Permission for a party to
attend by telephone may be granted, in the Court's discretion, upon written request made at least two
weeks in advance of the conference, if the party lives and works outside of the Northern District of
California and the Court determines that personal attendance would constitute a hardship and is not
needed in order to have an effective settlement conference. The nature of the hardship must be
explained. A copy of the written request must be served on all other parties. Any objection to the
request must be submitted within forty-eight (48) hours of receipt. Both the request and objection may
be submitted in letter form either by mail or facsimile to [phone]. If telephone attendance is
allowed, the party must be available throughout the entire conference.
On or before Monday, December 3, 2012, at noon, the parties shall deliver directly to the
Magistrate Judge a Confidential Settlement Conference Statement which should not be filed with
the Clerk of the Court or served upon other parties.
The Confidential Settlement Conference Statement shall not exceed twenty-five (25) pages of
text exclusive of exhibits. (Parties are encouraged to include as exhibits any key documents and
deposition excerpts). The Confidential Settlement Conference Statement shall include the following:
1. A brief statement of the facts of the case.
2. A brief statement of the claims and defenses including, but not limited to, statutory or
other grounds upon which the claims are founded, a candid, forthright evaluation of the parties'
likelihood of prevailing on the claims and defenses and a description of the major issues in dispute.
3. A list of the key facts in dispute and a brief statement of the specific evidence relevant
to those facts.
4. A summary of the proceedings to date and any pending motions.
5. An estimate of the out of pocket expenses, attorney's fees and time to be expended for
further discovery, pretrial and trial.
6. The relief sought, including an itemization of damages.
7. The party's position on settlement, including present demands and offers and a history
of past settlement discussions.
Case3:10-cv-04645-RS Document153 Filed11/29/12 Page2 of 3

United States District Court
For the Northern District of California


8. If there have been no prior settlement discussions, plaintiff must serve a demand letter
outlining its theories for recovery, supporting facts and damages in writing at least 7 business days
before the conference, and defendant must respond in writing at least 3 business days before the
conference.
It is not unusual for conferences to last several hours or at times, all day. No participant in the
settlement conference will be permitted to leave the settlement conference before it is concluded without
the permission of the settlement conference judge.
Parties are encouraged to participate and frankly discuss their case. Statements they make
during the conference will not be admissible at trial to prove or disprove liability in the event the case
does not settle. The parties should be prepared to discuss such items as their settlement objectives, any
impediments to settlement that they perceive, whether they have enough information to discuss
settlement and, if not, what additional information is needed and the possibility of a creative resolution
of the dispute.
Any request to continue the settlement conference shall be submitted in writing as soon as
possible after consultation with the opposing party. The request must demonstrate a compelling
reason for a continuance, and state whether the opposing party(ies) agree or oppose the request. Any
party who objects to the continuance should submit a written response within 2 business days.
Submission by facsimile is acceptable at facsimile number [phone]. Courtesy copies of any
electronically filed documents must be delivered to chambers as provided in Civil Local Rule 5-
1(e)(7).
The parties shall notify Magistrate Judge Laporte's Courtroom Deputy immediately at (415)
522-3694 if this case settles prior to the date set for settlement conference.
Dated: November 29, 2012
ELIZABETH D. LAPORTE
United States Magistrate Judge
Case3:10-cv-04645-RS Document153 Filed11/29/12 Page3 of 3