Workplace Technologies Research, Inc. v. Project Management Institute, Inc.
| WORKPLACE TECHNOLOGIES RESEARCH, INC. |
| PROJECT MANAGEMENT INSTITUTE, INC. |
| 23-55394 |
| April 28, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
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| Filing 10 Filed order MEDIATION (JW): An in-person mediation will be held on August 10, 2023, at 10:00 a.m. Pacific Time in San Diego, California. Unless excused by the Circuit Mediator prior to the scheduled conference, each party shall be represented by counsel of record and a client representative having full authority to negotiate and settle the case on any terms at the conference. Mediation statements no longer that 10 pages shall be submitted to the Circuit Mediator via e-mail [Jonathan_Westen@ca9.uscourts.gov] on or before August 3, 2023 by 12:00 p.m. (noon) Pacific Time. Should a party require more than 10 pages for their mediation brief, counsel should contact the Circuit Mediator prior to the date for submission to discuss such. Mediation statements shall be double-spaced, and should contain brief statements of the following: (a) factual and procedural background; (b) legal issues and arguments related to this dispute; (c) past settlement discussions; (d) the names and representative capacities of those who will attend the mediation and a cell phone number for counsel; (e) your clients goals and interests; (f) perceived goals and interests of the opposing party; (g) obstacles to settlement and proposals for overcoming them; and, (h) adverse consequences for each party if the case is not resolved through settlement. Sections (a), (b), (c) and (d) shall be served on counsel for the opposing party on the same date they are submitted to the undersigned. Sections (e), (f), (g) and (h) shall be submitted only to the undersigned and shall not be served on the opposing party. Mediation statements shall not be filed with the court. Counsel may also identify any documents filed with the district court that they wish the Circuit Mediator to review prior to the mediation. Mediation statements shall provide the names and representative capacities of those who will attend the mediation and a cell phone number for counsel. The confidentiality rules set out in the attached document cover all mediation communication, both oral and written. Counsel must review and provide a copy of the Confidentiality Rules to all mediation participants. Participants should plan to spend the entire day engaged in meaningful settlement discussions and come prepared with thoughtful solutions to this dispute. It is recommended that counsel review with their clients the information contained in the Mediation Program web site: http://www.ca9.uscourts.gov/mediation. The briefing schedule previously set by the court is amended as follows: the first brief on cross-appeal is due September 12, 2023; the second brief on cross- appeal is due October 12, 2023; the third brief on cross-appeal is due November 13, 2023; the optional cross-appeal reply brief is due within 21 days from the service date of the third cross-appeal brief. [12734728] [23-55394, 23-55407] (ABT) [Entered: 06/13/2023 11:19 AM] |
| Filing 9 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 05/23/2023, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12719446] [23-55394, 23-55407] (BLS) [Entered: 05/19/2023 02:10 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 05/09/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12712654]. [23-55394] (AD) [Entered: 05/09/2023 06:44 PM] |
| Filing 7 Filed (ECF) Appellee Workplace Technologies Research, Inc. in 23-55394, Appellant Workplace Technologies Research, Inc. in 23-55407 Mediation Questionnaire. Date of service: 05/09/2023. [12712597] [23-55394, 23-55407] (Horning, Duane) [Entered: 05/09/2023 04:37 PM] |
| Filing 6 Attorney Jose L. Patino in 23-55394 and Attorney Jose L. Patino in 23-55407 substituted by Attorney Duane S. Horning in 23-55394 and Attorney Duane S. Horning in 23-55407 [12712572] [23-55394, 23-55407] (BJK) [Entered: 05/09/2023 04:18 PM] |
| Filing 5 Filed (ECF) notice of appearance of Duane S. Horning (California Business Law Group, PC. 8170 La Mesa Boulevard, La Mesa, CA 91942) for Appellee Workplace Technologies Research, Inc. in 23-55394, Appellant Workplace Technologies Research, Inc. in 23-55407. Substitution for Attorney Jose L. Patino, Esquire for Appellee Workplace Technologies Research, Inc. in 23-55394, Attorney Jose L. Patino, Esquire for Appellant Workplace Technologies Research, Inc. in 23-55407. Date of service: 05/09/2023. (Party was previously proceeding with counsel.) [12712319] [23-55394, 23-55407] (Horning, Duane) [Entered: 05/09/2023 02:40 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 05/05/2023. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12710264]. [23-55394] (AD) [Entered: 05/05/2023 06:44 PM] |
| Filing 3 Filed (ECF) Appellant Project Management Institute, Inc. in 23-55394, Appellee Project Management Institute, Inc. in 23-55407 Mediation Questionnaire. Date of service: 05/05/2023. [12709951] [23-55394, 23-55407] (Chang, Witt) [Entered: 05/05/2023 01:33 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Workplace Technologies Research, Inc. Mediation Questionnaire due on 05/09/2023. First cross appeal brief due 08/04/2023 for Project Management Institute, Inc.. Second brief on cross appeal due 09/05/2023 for Workplace Technologies Research, Inc.. Third brief on cross appeal due 10/05/2023 for Project Management Institute, Inc. Optional cross appeal Reply brief for Workplace Technologies Research, Inc.. is due within 21 days of service of Third brief on cross appeal. [12707366] [23-55407, 23-55394] (RT) [Entered: 05/02/2023 02:43 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Project Management Institute, Inc. Mediation Questionnaire due on 05/05/2023. Transcript ordered by 05/26/2023. Transcript due 06/26/2023. Appellant Project Management Institute, Inc. opening brief due 08/04/2023. Appellee Workplace Technologies Research, Inc. answering brief due 09/05/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12704896] (JBS) [Entered: 04/28/2023 11:03 AM] |
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