Free Letter - District Court of California - California

Case 5:07-cv-03523-JW

Document 23

Filed 01/04/2008

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1950 University Avenue, 4th Floor East Palo Alto, CA 94303 www.howrey.com Henry C. Su

January 4, 2008

650.798.3528 650.798.3600 [email protected]

BY ELECTRONIC MAIL Annette L. Hurst, Esq. [email protected] Heller Ehrman LLP 333 Bush Street San Francisco, CA 94104-2878 Martha Corcoran Luemers, Esq. [email protected] Dorsey & Whitney LLP 1717 Embarcadero Road Palo Alto, CA 94303 Re: Dear Counsel: Happy New Year. I hope you had a safe and restful holiday period. As you know, I have been appointed by the Court to serve as the mediator in this case under the Northern District's Mediation program. Please be sure to review carefully ADR L.R. 6 which governs the Mediation program. Pursuant to ADR L.R. 6-6, I would like to conduct a phone conference with all counsel before the formal mediation to discuss the following: 4 4 4 4 4 4 4 4 the procedures to be followed; the nature of the case; appropriate dates for the mediation and anticipated length of the session; the parties who must be present under ADR L.R. 6-9 and the parties who need to be present to have a productive mediation session; ideas to improve the effectiveness of the mediation session and/or matters that could pose impediments; requirements for your written mediation statements; any questions you might have about my background and experience and how I normally conduct mediations; and any questions you might have about the mediation program. GYM-Mark, Inc. v. Children's Apparel Network, Ltd., Case No. 5:07-cv-03523-JW

I anticipate that the telephone conference will last approximately one-half hour. Please reply by email to let me know your availability for this conference over the next five working days. Before the telephone conference, it would be a good idea to check with your clients (and any insurers, if applicable) regarding available dates for conducting the mediation. I understand
AMSTERDAM BRUSSELS CHICAGO EAST PALO ALTO HOUSTON IRVINE LONDON LOS ANGELES MUNICH NEW YORK NORTHERN VIRGINIA PARIS SALT LAKE CITY SAN FRANCISCO TAIPEI WASHINGTON, DC

Case 5:07-cv-03523-JW

Document 23

Filed 01/04/2008

Page 2 of 2

Annette L. Hurst, Esq. Martha Corcoran Luemers, Esq. January 4, 2008 Page 2 that the Stipulation and Order Selecting ADR Process has currently set a February 7, 2008 deadline for completing the mediation. My conflicts check did not reveal any actual or potential conflicts of interest under 28 U.S.C. § 455(a) and (b), and I am not aware of any other circumstances that would compromise my impartiality or the appearance of impartiality. I look forward to assisting you on this case. Sincerely yours,

Henry C. Su HCS: cc: Clerk's Office -- ADR Unit