Case 1:20-cv-00765-DAE Document 71 Filed 10/18/23 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`NOTICE
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`The undersigned previously scheduled this case for mediation on for Wednesday,
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`A-20-CV-765-DAE
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`BANDSPEED LLC,
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`Plaintiffs,
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`V.
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`REALTEK SEMICONDUCTOR
`CORPORATION,
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`Defendant.
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`November 8, 2023, commencing at 9:00 a.m. beginning in Courtroom Eight on the seventh
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`floor of the Federal Courthouse located at 501 W. 5th Street, Austin, Texas 78701.
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` This notice is sent for two purposes: (1) to provide you with information to know what I
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`expect of you in the mediation; and (2) to request information from you so that I can be fully
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`prepared for the mediation. On the first point, all participants should allocate adequate time for
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`the mediation.1 Further, counsel for the parties are expected to have discussed the prospect of
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`settlement with the appropriate client authority before the mediation. It is further expected that,
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`after such discussions, the parties will, in a good faith attempt at settlement, have made at least
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`one settlement offer and counter-proposal. Thus, prior to the mediation, the parties and/or
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`counsel are directed to exchange proposals for settlement and to discuss their respective
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`positions.
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`With regard to attendance at the mediation, the lead attorneys who will try the case for
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`the parties must be present. My experience has shown that the lead counsel generally has the
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`best relationship with the client, has the most knowledge about the case, and his or her advice is
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`the most helpful to the client. Further, it is essential to have the parties present, including
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`1 The parties should be prepared to work through lunch and should plan accordingly.
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`Case 1:20-cv-00765-DAE Document 71 Filed 10/18/23 Page 2 of 3
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`representatives for the parties who have full settlement authority and the realistic freedom to
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`exercise it without negative consequences. A mediation cannot be effective if we have to confer
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`by telephone with the final decision-makers.
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`On the second point, in order for me to be fully prepared for the mediation, I would
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`appreciate it if each party would submit a mediation statement. The statement is confidential,
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`and will be reviewed only by me. Consistent with this, please submit the statement directly to
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`my office (by e-mail, to Andrea_Houston@txwd.uscourts.gov). Do not file the statement with
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`the District Clerk’s Office, and do not serve them on your opposing counsel or party. Please
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`submit these statements for receipt by my chambers no later than 5:00 p.m. on Thursday,
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`November 2, 2023. The statements should contain the following information:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`A brief summary of the underlying matter, the issues asserted, settlement offers
`made, and the relief granted as to each asserted issue.
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`A brief summary of the claims or defenses in this case, including a summary of
`the relief sought.
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`A candid discussion of the strengths and weaknesses of each party’s position,
`including the parties’ initial claims in the case and the issues the party intends to
`move for summary judgment in its favor.
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`A realistic appraisal of the value of the case, including a description of how the
`value was calculated, including the following:
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`a. attorneys’ fees and other recoverable expenses in the underlying matter;
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`b. attorneys’ fees incurred to date and expected prior to trial; and
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`c. costs to date.
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`An estimate of the costs that would be incurred in taking the case to trial and
`through appeal.
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`A discussion of the factors that are affecting or could affect the settlement of the
`case. This may be limited solely to economic factors (that is, getting the most
`money possible or paying the least possible). It could also include, however,
`other factors, such as fear of setting an adverse precedent, wishing to get the
`dispute over with, a desire to preserve a business relationship, a desire to obtain a
`“pound of flesh,” etc.
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`7.
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`the settlement discussions
`A summary of
`offers/demands made by each party.
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`to date,
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`including
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`the
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`last
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`Case 1:20-cv-00765-DAE Document 71 Filed 10/18/23 Page 3 of 3
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`A statement of any significant disputes of fact or law that could affect the
`mediation.
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`A description of any special circumstances that could affect the settlement of the
`case and a discussion of any other issues you think I should be aware of prior to
`the mediation.
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`A list of the counsel, parties and/or party representatives who will be attending the
`mediation.
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`8.
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`9.
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`10.
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`SIGNED October 18, 2023,
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`_______________________________
`MARK LANE
`UNITED STATES MAGISTRATE JUDGE
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