John:

thanks for your ODV message. I am aware of the procedure since I am, personally, a defendant in Ames’ suit and therefore a party of interest. However, I ask, how did you become aware of the mediation process? In the Docket Record which you refer to as being on page 3 of the PDF, “the case was sent to mediation.” But there is no reference to mediation anywhere on any page of the document as far as I can see. Moreover, the PDF attachment you included, contains a warning that the document is restricted:

Notice to Counsel. The attached document is restricted. To view document, click on the document

number link in the NDA (Notice of Docket Activity). In order to access this document, you must be

the attorney of record using your individual ECF login and password. (TNH)

How was the PDF obtained? You are not, so far as I am aware, an attorney of record in this matter. It appears from the PDF file that the docket, 17-1091 Docket, was downloaded on 2/10/17 at 10:15 PM. Ut iterare, how was it obtained?

I am also asking Couzen, O’Connor if they can shed some light here, since they are more familiar with Eastern Pennsylvania procedure than I am. As you can imagine, Rick, Jim and I have a clear personal interest in this outcome.

Tom

From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Stratton, John, N5AUS
Sent: Sunday, February 12, 2017 7:06 PM
To: arrl-odv <arrl-odv@reflector.arrl.org>
Subject: [arrl-odv:26221] Ames v. ARRL, et al — Mediation

    In the interest of keeping everyone up-to-date:

    As has been mentioned on this listserve, Mr. Ames appealed the granting of the ARRL's FRCP 12(b)(6) motion to the US Court of Appeals For The Third Circuit.

    From the entry on the enclosed Docket Record (see PDF Page 3), it appears that the case has been sent to mediation in accordance with the 3rd Circuit's Local Appellate Rules.

    Settlement at mediation is not mandatory; mandatory mediation is merely the Court's attempt to offer the litigants the opportunity to resolve their disputes before incurring further expense and rolling the dice for a final outcome. The failure to settle in mediation is not held against any party and has no impact on the final outcome of an appeal.

73

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       John Robert Stratton

N5AUS

       Office telephone:    512-445-6262
       Cell:                         512-426-2028
                      PO Box 2232
            Austin, Texas 78768-2232

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