Free ADR Scheduling Order - District Court of Federal Claims - federal

Case 1:07-cv-00154-ECH

Document 11

Filed 09/25/2007

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In the United States Court of Federal Claims
No. 07-154C (Filed: September 25, 2007) ****************************************** NORMAN H. COHEN, Plaintiff, v. THE UNITED STATES, Defendant. ****************************************** ORDER On September 10, 2007, this copyright infringement case was stayed and referred here by Judge Emily C. Hewitt for alternative dispute resolution (ADR). In order to determine the most efficient manner in which to conduct ADR, the Court hereby ORDERS the following: The parties shall jointly select and submit copies of an exemplary sampling of pages of the accused works, no more than five to ten in total. Each selected sample page of an accused work shall be accompanied by copies of the corresponding pages of the copyrighted works, according to Plaintiff's appendix A of the complaint. These samples shall be submitted directly to chambers on or before October 9, 2007. Each party shall also submit a memorandum identifying and briefly outlining the party's positions on infringement and any affirmative defenses which will be addressed during ADR. The content of the memoranda shall be limited to a short, informal sketch of the pertinent issues, no more than approximately seven pages each. The parties shall submit the memoranda directly to chambers on or before October 23, 2007. The parties are further ordered to complete and submit to chambers the attached confidentiality agreement. The parties must submit the above-noted materials directly to chambers. These materials shall not be filed with the Clerk's Office. The parties may submit the samples and memoranda to the chambers email address ([email protected]) or in paper form. The parties shall also arrange to submit one copy of the confidentiality agreement, signed by both parties, to chambers in paper form. The mailing address for submitting materials directly to chambers is: * * * * * * * * * * *

Case 1:07-cv-00154-ECH

Document 11

Filed 09/25/2007

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Chambers of Chief Judge Edward J. Damich United States Court of Federal Claims 717 Madison Place NW Suite 701 Washington, D.C. 20005 The parties shall also contact chambers by October 9, 2007, via email or phone at (202) 3576483, with three proposed dates and times during the week of October 29, 2007, at which the parties will be available for a telephonic status conference.

s/Edward J. Damich EDWARD J. DAMICH Chief Judge

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Case 1:07-cv-00154-ECH

Document 11

Filed 09/25/2007

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In the United States Court of Federal Claims
No. 07-154C ****************************************** * * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ****************************************** NORMAN H. COHEN, AGREEMENT The parties agree that all ADR proceedings, including statements made and documents prepared by any party, attorney, or other participant, are privileged and shall not be disclosed in any subsequent proceeding or document or construed for any purpose as an admission against interest. However, information and documents not specifically prepared for or revealed in confidence in ADR, and otherwise discoverable and/or admissible, are discoverable and admissible as determined by the trial judge. The parties further agree not to subpoena or seek in any way the oral or written testimony of the ADR judge for any purpose in this or any other proceeding, or to subpoena or seek in any way any materials submitted to the ADR judge during the ADR process for use in this or any other proceeding. No party shall be bound by anything said or done during ADR proceedings unless a settlement is embodied in a written agreement signed by all parties.

________________________ Norman H. Cohen Plaintiff 722 Arlington Rd Penn Valley, PA 19072 Date:___________________

_______________________ John Fargo Director Date:___________________

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Case 1:07-cv-00154-ECH

Document 11

Filed 09/25/2007

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_______________________ Jonathan M. Cohen Plaintiff's Counsel 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Date:___________________

_______________________ Jon Tornquist Attorney Date:___________________ Defendant's Counsel Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530

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