CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 1 of 28
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`
`
`Civil No. 15-2801 (PJS/HB)
`
`
`
`NOTICE OF
`PRETRIAL CONFERENCE
`(PATENT CASES)
`
`Plaintiffs,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`Oticon A/S and Oticon, Inc.,
`
`
`v.
`
`GN Resound A/S and GN Hearing
`Care Corporation,
`
`Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a pretrial conference
`will be held on October 2, 2015 at 2:00 p.m., before United States Magistrate Judge
`Hildy Bowbeer, in Chambers – Room 632, Warren E. Burger Federal Building and U.S.
`Courthouse, 316 North Robert Street, Saint Paul, Minnesota 55101.
`
`Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, counsel shall meet
`prior to the scheduled pretrial conference to discuss settlement and the matters required
`by Fed. R. Civ. P. 26(f), and shall jointly prepare and file a complete written Report of
`the Rule 26(f) meeting at least one week prior to the pretrial conference. The Report
`must be submitted in the attached format. Please email a copy of the report in Word
`format to Magistrate Judge Bowbeer at bowbeer_chambers@mnd.uscourts.gov.
`
`In addition, counsel for each party shall email to chambers at least one week
`before the pretrial conference a confidential settlement letter addressing the matters
`described in the attached Rule 26(f) Report form.
`
`
`
`If any party does not have counsel of record listed in this case, Plaintiff’s counsel
`bears the responsibility to (1) immediately notify those parties and counsel of this
`conference, and (2) inform those parties and counsel of the requirements set forth in this
`notice.
`
`
`Failure of any party or counsel to comply with any part of this Notice, including
`delivery of a copy of the Rule 26(f) Report to Magistrate Judge Bowbeer’s chambers by
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 2 of 28
`
`the time specified in this Notice, may result in the postponement of the pretrial
`conference, the imposition of an appropriate sanction on the party or attorney who failed
`to comply, or both.
`
`Lead trial counsel should make every effort to attend the pretrial conference in
`person. If this is not possible, substitute counsel who can knowledgeably discuss the
`dispute, the matters set forth in Fed. R. Civ. P. 16(c), the Rule 26(f) Report, and the status
`of settlement discussions should attend. If lead counsel is not a member of the Minnesota
`bar, local counsel should also attend. Counsel should contact Judy Kirby, Magistrate
`Judge Bowbeer’s Courtroom Deputy/Judicial Assistant, at 651-848-1900 with respect to
`any matters concerning the pretrial conference.
`
`Magistrate Judge Bowbeer generally discourages attendance by phone at the
`pretrial conference except where participation in person would impose an undue burden
`in view of the nature of the case, the amount in issue, and the matters likely to be
`discussed at the conference. If counsel wishes to appear by phone, please contact
`Ms. Kirby at 651-848-1900 prior to the pretrial conference to make arrangements.
`
` s/ Hildy Bowbeer
`HILDY BOWBEER
`United States Magistrate Judge
`
`
`
`
`
`Dated: August 21, 2015
`
`
`Attachment
`
`2
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 3 of 28
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`
`
`Civil No. *
`
`
`
`RULE 26(f) REPORT
`(PATENT CASES)
`
`Plaintiff*,
`
`Defendant*.
`
`
`
`*,
`
`
`
`v.
`
`*,
`
`
`
`
`
`The parties/counsel identified below conferred as required by Fed. R. Civ. P. 26(f)
`
`and the Local Rules, on _______________, and prepared the following report.
`
`The initial pretrial conference in this matter is scheduled for ______________,
`
`20____, before United States Magistrate Judge Hildy Bowbeer in Room 632, Warren E.
`
`Burger Federal Building and U.S. Courthouse, 316 North Robert Street, St. Paul,
`
`Minnesota 55101.
`
`
`DESCRIPTION OF CASE
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Concise Factual Summary of Plaintiff’s Claims;
`
`Concise Factual Summary of Defendant’s claims/defenses;
`
`Statement of Jurisdiction (including statutory citations);
`
`Summary of Factual Stipulations or Agreements;
`
`Statement as to whether all process has been served and all pleadings filed,
`and any current plans for any party to move to amend pleadings or add
`additional parties to the action;
`
`6.
`
`Statement of whether jury trial has been timely demanded by any party;
`
`3
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 4 of 28
`
`7.
`
`8.
`
`If applicable, a list of all insurance carriers/indemnitors, including limits of
`coverage of each defendant or statement that the defendant is self-insured;
`and
`
`If the parties would like the case resolved under the Rules of Procedure for
`Expedited Trials of the United States District Court for the District of
`Minnesota, a statement of the parties’ agreement to that effect.
`
`FACT DISCOVERY DEADLINES AND LIMITS
`
`Pursuant to Fed. R. Civ. P. 26(f), the parties must prepare a discovery plan that is
`
`designed to maximize the efficiency of pretrial case preparation. The parties must review
`
`and address each of the matters set forth in Fed. R. Civ. P. 26(f)(3)(A)-(F) and design a
`
`discovery plan that is appropriate and proportionate to the case. The Court expects
`
`counsel and parties to cooperate in the development and implementation of the discovery
`
`plan, and refers the parties to the Sedona Conference Cooperation Proclamation (2008)
`
`(copy attached).
`
`The details of the discovery plan should be set forth in this Report. The following
`
`discovery schedule and limitations are intended to guide the parties and should be useful
`
`in the ordinary case; however, the parties are encouraged to reach agreement on, and
`
`suggest to the Court, a discovery plan that takes into account the unique circumstances of
`
`the individual case. To the extent the parties cannot reach agreement on any particular
`
`item, they should set forth their separate positions in this section so that they can be
`
`discussed at the Pretrial Conference.
`
`1.
`
`The parties must make their initial disclosures under Fed. R. Civ. P.
`26(a)(1) on or before ____________. If a description by category and
`location of the documents is offered pursuant to Fed. R. Civ. P.
`26(a)(1)(A)(ii), the party will provide a copy of all initial disclosure
`documents by ___________.
`
`4
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 5 of 28
`
`2.
`
`3.
`
`Fact discovery shall be commenced in time to be completed on or before
`_______________________.
`
`The parties propose that the Court limit the use and numbers of discovery
`procedures as follows:
`
`a.
`
`b.
`
`c.
`
`d.
`
`No more than a total of ____ interrogatories, counted in accordance
`with Rule 33(a), shall be served by each party/side.1
`
`No more than ____ document requests shall be served by each
`party/side.
`
`No more than ____ requests for admissions shall be served by each
`party/side.
`
`No more than ____ fact depositions, including Rule 30(b)(6)
`depositions, shall be taken by each party/side.
`
`Where appropriate, the parties are encouraged to discuss and include
`in this Report additional agreements concerning limitations on the
`number and/or length of depositions, how Rule 30(b)(6) depositions
`will be counted, the arrangements that may be needed for
`depositions taken outside the U.S. and/or in a language other than
`English, and other issues that, if addressed early, could make
`deposition discovery more cost-effective and avoid costly and time-
`consuming disputes.
`
`e.
`
`Other agreements on fact discovery:
`
`4.
`
`Other Discovery Issues.
`
`a.
`
`The parties have met and discussed whether any discovery should be
`conducted in phases to reduce expenses or make discovery more
`effective and present the following joint/ individual proposals:
`
`
`1
`If the parties propose that totals be allocated on some basis other than per person
`or entity, the parties shall define what constitutes a “party” or “side” for purposes of these
`limitations on discovery.
`
`5
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 6 of 28
`
`b.
`
`The parties have discussed issues about disclosure or discovery of
`electronically stored information as required by Fed. R. Civ. P. 26(f),
`including but not limited to preservation, scope of discovery, and the
`form or forms in which it should be produced, and inform the Court
`of the following agreements or issues:
`
`If it appears there will be significant electronic discovery, the parties
`are strongly encouraged to agree upon and attach to this Report an
`Electronically Stored Information (“ESI”) Protocol, identifying any
`differences in position between the parties that should be addressed
`at the Pretrial Conference. The Court refers counsel to “Discussion
`of Electronic Discovery at Rule 26(f) Conferences: A Guide for
`Practitioners,” developed by the Federal Practice Committee, to
`help attorneys and parties prepare for a meaningful discussion of
`electronic discovery issues early in the litigation. The Guide is
`available on the Court’s website under the Court Forms tab, in the
`“Pretrial, Discovery, and Trial Forms” section. In addition, the
`Court has endorsed the Sedona Conference Cooperation
`Proclamation, a copy of which is attached and may also be found at
`https://thesedonaconference.org/download-pub/3802, and expects
`the parties to be guided by its precepts.
`
`Defendant may postpone the waiver of any applicable attorney-client
`privilege on topics relevant to claims of willful infringement, if any,
`until ____________, provided that all relevant privileged documents
`are produced no later than ____________. All additional discovery
`regarding the waiver will take place after ____________ and must
`be completed by ____________.
`
`The parties have discussed issues about claims of privilege and of
`protection as attorney work-product or trial-preparation materials as
`required by Fed. R. Civ. P. 26(f), including whether the parties agree
`to a procedure to assert these claims after production or have reached
`any other agreements under Fed. R. Evid. 502, and request the Court
`to include the following agreement in the scheduling order:
`_______________________________________________________
`
`c.
`
`d.
`
`e.
`
`In responding to discovery requests, each party must construe
`broadly terms of art used in the patent field (e.g., “prior art”, “best
`
`6
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 7 of 28
`
`mode”, “on sale”), and read them as requesting discovery relating to
`the issue as opposed to a particular definition of the term used.
`Compliance with this provision is not satisfied by the respondent
`including a specific definition of the term of art in its response, and
`limiting its response to that definition.
`
`PROTECTIVE ORDER
`
`
`
`If either party believes a Protective Order is necessary, the parties shall jointly
`
`submit a proposed Protective Order, identifying any terms on which the parties disagree
`
`so they can be discussed in connection with the pretrial conference. The parties are
`
`encouraged, but not required, to use Form 5 to the Local Rules as a starting point for the
`
`proposed Protective Order. The parties are further directed to Magistrate Judge
`
`Bowbeer’s Practice Pointers and Preferences with regard to this topic.
`
`NON-DISPOSITIVE MOTION DEADLINES
`
`1.
`
`2.
`
`3.
`
`Except as otherwise provided in this section, all non-dispositive motions
`and supporting documents, including those that relate to fact discovery,
`shall be filed and served on or before _______________________.
`[NOTE: Absent unusual circumstances, this date should be no more than
`one month following the close of fact discovery.]
`
`Except as provided in Paragraphs 3 and 4 of this section, all motions that
`seek to amend the pleadings or to add parties must be filed and served on or
`before ________________________.
`
`Discovery will be permitted with respect to claims of willful infringement
`and defenses of patent invalidity or unenforceability not pleaded by a party,
`where the evidence needed to support these claims or defenses is in whole
`or in part in the hands of another party. Once a party has provided the
`necessary discovery, the opposing party may seek leave of Court to add
`claims or defenses for which it alleges, consistent with Fed. R. Civ. P. 11,
`that it has support, and such support must be explained in the motion
`seeking leave. Leave will be liberally given where prima facie support is
`present, provided that the party has been diligent in seeking the necessary
`discovery and that it seeks leave as soon as reasonably possible following
`the opposing party providing the necessary discovery.
`
`7
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 8 of 28
`
`4.
`
`5.
`
`All motions that seek to amend the pleadings to include punitive damages,
`if applicable, must be filed and served on or before
`_____________________.
`
`All non-dispositive motions and supporting documents that relate to expert
`discovery shall be filed and served on or before
`________________________. [NOTE: Absent unusual circumstances, this
`date should be no more than one month following the close of expert
`discovery.]
`
`DISCOVERY RELATING TO CLAIM CONSTRUCTION HEARING
`
`1.
`
`Plaintiff’s (to include any party who alleges infringement) Claim Chart.
`
`a.
`
`b.
`
`
`
`Plaintiff’s claim chart must be served on or before ____________.
`
`Plaintiff’s claim chart must provide a complete and detailed
`explanation of:
`
`(i)
`
`which claim(s) of its patent(s) it alleges are being infringed,
`whether literally or under the doctrine of equivalents;
`
`(ii) which specific products or methods of defendant it alleges
`literally infringe each claim;
`
`(iii) where each element of each claim listed in paragraph 1(b)(i)
`is found in each product or method listed in paragraph
`1(b)(ii), including the basis for each contention that the
`element is present; and
`
`if plaintiff contends there is infringement of any
`(iv)
`claim(s) under the doctrine of equivalents, plaintiff must
`separately indicate this on its claim chart and, in addition to
`the information required for literal infringement, plaintiff
`must also explain each function, way, and result that it
`contends are equivalent, and why it contends that any
`differences are not substantial.
`
`Plaintiff may amend its claim chart only by leave of the Court for good
`cause shown.
`
`2.
`
`Defendant’s (to include any party accused of infringement) Claim Chart.
`
`a.
`
`Defendant’s claim chart must be served on or before ____________.
`
`8
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 9 of 28
`
`b.
`
`Defendant’s claim chart must indicate with specificity which
`elements on plaintiff’s claim chart it admits are present in its accused
`device or process, and which it contends are absent, including in
`detail the basis for its contention that the element is absent. And, as
`to the doctrine of equivalents, Defendant must indicate on its chart
`its contentions concerning any differences in function, way, and
`result, and why any differences are substantial.
`
`Defendant may amend its claim chart only by leave of Court for good cause
`shown.
`
`3.
`
`Form of Claim Charts.
`
`As part of their Rule 26(f) meeting, the parties must meet and confer about
`the form and specificity of their claim charts, and must include as part of
`this Rule 26(f) Report any agreements regarding the form and specificity of
`their claim charts, and any disputes on which they would like the Court’s
`assistance:
`
`4.
`
`Exchange of Claim Terms and Proposed Constructions.
`
`a.
`
`b.
`
`c.
`
`On or before _________________, the parties must simultaneously
`exchange a list of claim terms, phrases, or clauses that each party
`contends should be construed by the Court.
`
`Following the exchange of the list of claim terms, phrases, or
`clauses, but before _________________, the parties must meet and
`confer for the purpose of finalizing a list of claim terms, phrases or
`clauses, narrowing or resolving differences, and facilitating the
`ultimate preparation of a joint claim construction statement, and
`determining whether to request a pre-claim construction conference.
`
`During the meet and confer process, the parties must exchange their
`preliminary proposed construction of each claim term, phrase or
`clause which the parties collectively have identified for claim
`construction purposes and will make this exchange on or before
`________________.
`
`d. When exchanging their preliminary claim constructions, the parties
`must provide a preliminary identification of extrinsic evidence,
`including without limitation: dictionary definitions, citations to
`learned treatises and prior art, and testimony of percipient or expert
`witnesses that they contend support their respective claim
`constructions.
`
`9
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 10 of 28
`
`(i)
`
`The parties must identify each such item of extrinsic evidence
`by production number or produce a copy of any such item not
`previously produced.
`
`(ii) With respect to any such witness, percipient or expert, the
`parties must also provide a brief description of the substance
`of that witness’ proposed testimony.
`
`5.
`
`Joint Patent Case Status Report.
`
`Following the meet and confer process outlined in paragraph (e)(3)(B)-(D),
`above, but no later than ____________, the parties must file a joint patent
`case status report. The joint patent case status report must address the
`following:
`
`a. Whether the parties request a claim construction hearing to
`determine claim interpretation. If the parties disagree about whether
`a claim construction hearing should be held, the parties must state
`their respective positions and reasoning; and
`
`b. Whether the parties request a pre-claim construction conference with
`the Court and if so, whether they request that the pre-claim
`construction conference occur before or after the joint claim
`construction statement is filed.
`
`(i)
`
`(ii)
`
`(iii)
`
`If the parties request that the pre-claim construction
`conference occur before the joint claim construction
`statement is filed, the parties must state why an early
`conference is necessary.
`
`If the parties disagree about whether a pre-claim construction
`conference should be held, the parties must provide their
`respective positions and reasoning.
`
`If the parties request a pre-claim construction conference, the
`parties must submit a summary of the claim construction
`issues the parties wish to discuss at the conference.
`
`6.
`
`Joint Claim Construction Statement.
`
`a.
`
`Filing the joint claim construction statement.
`
`(i)
`
`The joint claim construction statement must be filed with the
`joint patent case status report, unless the joint patent case
`status report requests that the pre-claim construction
`
`10
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 11 of 28
`
`conference occur before the joint claim construction
`statement is filed.
`
`(ii)
`
`If the Court does not respond to the request to schedule a pre-
`claim construction conference within 30 days after the joint
`patent case status report is filed, the parties must file a joint
`claim construction statement.
`
`b.
`
`Content of the joint claim construction statement. The joint claim
`construction statement must contain the following information:
`
`(i)
`
`(ii)
`
`the construction of the claim terms, phrases, or clauses on
`which the parties agree;
`
`each party’s proposed construction of each disputed claim
`term, phrase, or clause together with an identification of all
`references from the specification of prosecution history to
`support that construction, and an identification of any
`extrinsic evidence known to the party on which it intends to
`rely either in support of its proposed construction of the claim
`or to oppose any other party’s proposed construction;
`
`(iii) whether any party proposes to call one or more witnesses,
`including any experts, at the claim construction hearing; the
`identity of each witness; and for each expert, a summary of
`the opinion to be offered in sufficient detail to permit a
`meaningful deposition of that expert; and
`
`(iv) whether the parties believe that a technology tutorial would
`be helpful for the Court and, if so, the proposed timing and
`format of the tutorial.
`
`7.
`
`Claim Construction Hearing Order. If the Court schedules a claim
`construction hearing, the Court must issue an order before the hearing,
`addressing:
`
`a.
`
`b.
`
`c.
`
`the date and time for the claim construction hearing;
`
`whether it will receive extrinsic evidence, and if so, the particular
`evidence it will receive;
`
`whether the extrinsic evidence in the form of testimony must be the
`affidavits already filed or in the form of live testimony from the
`affiants; and
`
`11
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 12 of 28
`
`d.
`
`a briefing schedule.
`
`DISCOVERY RELATING TO VALIDITY AND PRIOR ART
`
`1.
`
`Defendant’s (to include any party accused of infringement) Prior Art Chart
`and Invalidity Statement.
`
`a. Within ____________ days of receiving plaintiff’s claim chart,
`defendant must serve a prior art chart and statement, listing all prior
`art on which it relies and a complete and detailed explanation of its
`allegations with respect to:
`
`(i)
`
`which claim(s) alleged to be infringed are invalid;
`
`(ii) which specific prior art, if any, invalidates each claim; and
`
`(iii) where in such prior art each element of the allegedly invalid
`claims may be found.
`
`b.
`
`Defendant must also include a statement regarding whether a basis
`for invalidity other than prior art is alleged, specifying what the basis
`is and whether such allegation is based upon 35 U.S.C. §§ 101, 102,
`103, and 112, or another statutory provision.
`
`Defendant may amend its prior art chart and statement only by leave of the
`Court for good cause shown.
`
`2.
`
`Plaintiff’s Prior Art Chart and Invalidity Statement.
`
`a. Within ____________ days of its receipt of defendant’s prior art
`chart and invalidity statement, plaintiff must serve a prior art chart
`and statement, responding specifically to each allegation of
`invalidity set out in defendant’s prior art chart and statement,
`including its position on why the prior art or other statutory
`reference does not invalidate the asserted patent claims.
`
`b.
`
`Plaintiff may amend its prior art chart and statement only by leave of
`the Court for good cause shown.
`
`3.
`
`Form of Prior Art Charts and Statements. As part of their Rule 26(f)
`meeting, the parties must meet and confer about the form of their prior art
`charts and statements. The parties must include as part of this Rule 26(f)
`Report any agreements regarding the form and specificity of their prior art
`charts and statements, and any disputes on which they would like the
`Court’s assistance. A prior art chart and statement may be, but are not
`
`12
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 13 of 28
`
`required to be, submitted in the form of an expert report. If a prior art chart
`and statement is submitted in the form of an expert report, the deadlines in
`paragraph (f) govern and are not extended by any different expert discovery
`deadlines.
`
`TUTORIAL DESCRIBING THE TECHNOLOGY IN ISSUE
`
`The parties [do/do not] believe that a joint tutorial regarding the technology and/or
`
`products/processes in issue would be helpful for the Court, and propose the following
`
`regarding the timing and format of the tutorial:
`
`EXPERT DISCOVERY
`
`The parties anticipate that they will/will not require expert witnesses at the time of
`
`trial.
`
`1.
`
`2.
`
`3.
`
`The plaintiff anticipates calling _______(number) experts in the fields of:
`_________________________.
`
`The defendant anticipates calling ______ (number) experts in the fields of:
`______________________________.
`
`Disclosure of the identities of expert witnesses under Rule 26(a)(2)(A) and
`the full disclosures required by Rule 26(a)(2)(B) (accompanied by the
`written report prepared and signed by the expert witness) and the full
`disclosures required by Rule 26(a)(2)(C), shall be made as follows:
`
`a.
`
`b.
`
`c.
`
`On or before __________________, each party shall identify to the
`opposing party each expert whom it may use at trial to present
`evidence under Fed. R. Evid. 702, 703, or 705 concerning the issues
`on which that party has the burden of proof.
`
`On or before __________________, each party shall provide expert
`reports prepared in accordance with Fed. R. Civ. P. 26(a)(2)(B), and
`the full disclosures required by Rule 26(a)(2)(C), concerning issues
`on which the disclosing party has the burden of proof.
`
`On or before __________________, each party shall identify to the
`opposing party each expert whom it may use at trial to present
`evidence under Fed. R. Evid. 702, 703, or 705 on issues on which
`the disclosing party does not have the burden of proof.
`
`13
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 14 of 28
`
`d.
`
`e.
`
`f.
`
`On or before __________________, each party shall provide expert
`reports prepared in accordance with Fed. R. Civ. P. 26(a)(2)(B), and
`the full disclosures required by Rule 26(a)(2)(C), concerning issues
`on which the disclosing party does not have the burden of proof.
`
`Rebuttal identities and disclosures (if any) shall be provided on or
`before ________________.
`
`Expert discovery, including depositions, shall be completed on or
`before _________________. Each party may take one deposition
`per expert.
`
`g.
`
`Other agreements on expert discovery.
`
`DISPOSITIVE MOTION DEADLINES
`
`1.
`
`2.
`
`3.
`
`The parties [do/do not] believe that all fact and expert discovery must be
`completed before dispositive motions are filed.
`
`The parties [do/do not] believe that early dispositive motions (i.e. before
`the completion of all fact and expert discovery) on one or more issues could
`be of material assistance in resolving the case.
`
`The parties recommend that all dispositive motions be filed and served (and
`heard or scheduled, depending on District Judge assigned) on or before
`________________________.
`
`SETTLEMENT
`
`1.
`
`The parties must conduct a meaningful discussion about possible settlement
`before the initial pretrial conference, including a written demand by the
`Plaintiff(s) and a written response by the Defendant(s). Each party will
`email to Magistrate Judge Bowbeer’s chambers, no later than one (1) week
`before the pretrial conference, a confidential letter setting forth what
`settlement discussions have taken place, whether the party believes an early
`settlement conference would be productive and when it should occur, and
`what discovery, if any, the party believes would be necessary to conduct
`before such a conference. The Court will discuss this topic with the parties
`at the pretrial conference and will set a date for an early settlement
`conference or for a status conference to determine when the case will be
`ready for a productive settlement conference.
`
`2.
`
`The parties propose that a Court-mediated settlement conference be
`scheduled to take place on or before _______________.
`
`14
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 15 of 28
`
`3.
`
`The parties have discussed whether alternative dispute resolution (other
`than a Court-mediated settlement conference) could be helpful to the
`resolution of this case and recommend the following:
`
`CONSENT TO TRIAL BY MAGISTRATE JUDGE
`
`The parties [have/have not] agreed to consent to jurisdiction by the Magistrate
`
`Judge pursuant to Title 28, United States Code, Section 636(c). (If the parties agree, the
`
`consent form, signed by both parties, should be filed with the Clerk of Court.) Please
`
`note that if the parties consent to magistrate judge jurisdiction, all proceedings, including
`
`trial by jury, if any, will be before the magistrate judge assigned to the case.
`
`TRIAL READY DATE
`
`1.
`
`2.
`
`The parties agree that the case will be ready for trial on or
`after____________.
`
`The anticipated length of [bench/jury] trial is _____ trial days.
`
`____________________________________
`Plaintiff’s Counsel
`License #
`Address
`Phone #
`
`
`____________________________________
`Defendant’s Counsel
`License #
`Address
`Phone #
`
`
`
`DATE: __________________
`
`
`
`
`DATE: __________________
`
`
`
`
`15
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 16 of 28
`
`MAGISTRATE JUDGE HILDY BOWBEER
`Practice Pointers and Preferences
`
`Rev. January 2015
`
`
`
`
`CONTACT WITH CHAMBERS
`
`
`
`
`
`
`
`
`Chambers phone: (651) 848-1900
`Chambers email: bowbeer_chambers@mnd.uscourts.gov
`Courtroom Deputy/Judicial Assistant: Judy Kirby
`
`• Magistrate Judge Bowbeer’s last name is pronounced Bōw-beer. The accent is
`on the first syllable.
`
`• Magistrate Judge Bowbeer encourages you to call her chambers and speak with
`her Courtroom Deputy/Judicial Assistant, Judy Kirby, if you have questions about
`her practice pointers and preferences.
`
`• Members of Magistrate Judge Bowbeer’s chambers have been instructed not to
`provide answers to legal questions over the telephone. This includes procedural
`questions that would be governed by the Federal Rules of Civil Procedure or the
`Local Rules for the District of Minnesota.
`
`• When calling in for a scheduled telephone conference with Magistrate Judge
`Bowbeer, the moving party must have all parties on the line before calling
`chambers unless otherwise instructed by the Court.
`
`• When calling the Court with a question regarding a specific case, please first
`identify yourself and the party you represent, and have the case name and
`number ready.
`
`If you need clarification regarding an order entered by the Court, please do not
`call chambers. Instead, file a letter on CM/ECF asking Magistrate Judge
`Bowbeer for clarification.
`
`If you have a question about how to file a document on CM/ECF, please call the
`Technical Help Desk in the office of the Clerk of Court at (612) 664-5155. You
`are also directed to the District’s CM/ECF page, which has a number of useful
`resources. http://www.mnd.uscourts.gov/cmecf/reference guides.shtml
`
`• To request a transcript of a hearing, please call or email Magistrate Judge
`Bowbeer’s chambers, making sure to include the case name, case number, date,
`
`•
`
`•
`
`1
`
`

`
`CASE 0:15-cv-02801-PJS-HB Document 18 Filed 08/21/15 Page 17 of 28
`
`Rev. January 2015
`
`
`time, and nature of the hearing, and what type of transcript you would like, i.e.,
`ordinary (30-day) or expedited (7-day or 14-day). Please make sure you include
`the name, telephone number, and email address of the person to whom the
`completed transcript and related communications should be sent.
`
`FIRST PRETRIAL CONFERENCE
`
`
`
`
`
`
`• Pursuant to the Order for Pretrial Conference, the parties must submit in advance
`of the pretrial conference a Rule 26(f) Report that conforms with Fed. R. Civ. P.
`26(f), Local Rules for the District of Minnesota 16.2 and 26.1, and Form 3 or (in
`patent cases) Form 4 of the Local Rules.
`
`• The Court refers counsel to “Discussion of Electronic Discovery at Rule 26(f)
`Conferences: A Guide for Practitioners,” developed by the Federal Practice
`Committee to help attorneys and parties prepare for a meaningful discussion of
`electronic discovery issues early in the litigation. The Guide is available on the
`Court’s website under the Court Forms tab, in the Pretrial, Discovery, and Trial
`Forms section.
`
`• Email a courtesy copy of the pretrial conference Rule 26(f) Report in Word format
`to chambers at bowbeer_chambers@mnd.uscourts.gov when it is filed on ECF.
`A hard copy of the Rule 26(f) Report is not required.
`
`•
`
`•
`
`In addition to the Rule 26(f) Report, each party must email to Magistrate Judge
`Bowbeer’s chambers by the date specified in the Order for Pretrial Conference a
`confidential letter setting forth what settlement discussions have taken place and
`whether the party believes an early settlement conference would be productive.
`
`If any party believes a protective order will be necessary, it should raise the
`subject with all other parties during the Rule 26(f) meet-and-confer, and attempt
`to reach agreement as to the terms of the protective order to the extent possible
`before the Rule 26(f) Report is filed. The proposed protective order should be
`emailed to chambers along with the courtesy copy of the Rule 26(f) Report,
`identifying any areas of disagreement so that they