Free 00087946.DOC - Pennsylvania

FORM B -- STIPULATION AND ORDER IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT CIVIL TRIAL DIVISION Caption : court term and number STIPULATION AND ORDER AND NOW, this __________ day of _________________, 200_, the parties, by and through their undersigned counsel, hereby stipulate and agree as follows, subject to entry of this Stipulation as an Order of the Court: 1. The parties desire a prompt and final resolution of their disputes, and to that end agree they shall conduct themselves so as to reach such a resolution as promptly and simply as possible consistent with this Stipulation and Order. 2. The parties agree to the terms of the Commerce Case management Program Protocols for Alternative Dispute Resolution Procedure Using Three Judge Panel and Common Law Arbitration (revised January 2008), which are incorporated herein by reference, a copy of which is attached to this Stipulation and Order. 3. The parties agree to submit their claims to binding, "Common Law Arbitration,", subject to 42 Pa.C.S. § 7341, before ____________________________________________ [names of Arbitrator(s)] pursuant to a binding Arbitration Agreement, a true and correct copy of which has been provided to the Court, and subject to the terms and conditions set forth below. The terms and conditions in this Stipulation and Order shall be controlling over the terms and conditions of the arbitration agreement. 4. All discovery shall be complete on or before _______________, including, by agreement of the parties: i. Interrogatories numbering no more than _________, each subpart constituting a separate interrogatory if it asks a new question; ii. Requests for Production of Documents, numbering no more than _________; iii. Depositions, numbering no more than ___ per party; iv. Requests for Admissions, numbering no more than _________; v. Expert Reports. The Expert Reports shall be served by the parties on the following dates: Plaintiff's Report ________________________________

-1 -

Defendant's Report ________________________________ Plaintiff's Rebuttal Report___________________________ Defendant's Rebuttal Report_________________________ b. The parties may mutually agree to further discovery, up to the time of the arbitration hearings, but this shall not be subject to enforcement by the Court, and shall not delay any of the dates set forth herein. 4. a. Each party shall submit its Brief to the Court on __________________[date], and shall submit a Reply Brief on _____________________ [date] only if the Reply Brief includes new arguments not set forth in the party's initial Brief. b. Each Brief may be no more than ____ pages, and each Reply Brief may be no more than ____ pages. c. The parties shall submit to the Court an original and six (6) copies of any brief. All briefs shall be served by hand-delivery or express mail on opposing counsel on the same day that such briefs are filed with the Court. 5. Each party's Brief(s) shall address the following specific legal issues: a.__________________________________________________. b.__________________________________________________. c.__________________________________________________. d.__________________________________________________. e.__________________________________________________. 6. The legal issues set forth above are the sole legal issues submitted by the parties to the Court for the complete resolution of the parties' disputes, subject to the discretion of the Court to subsequently permit and/or include additional issues. 7. a. The legal issues set forth above shall be resolved by a Three Judge Panel consisting of [names of Judges], which shall issue a written Opinion deciding each issue, after consideration of the parties' Briefs, and oral argument if permitted and/or required by the Panel. b. Oral argument in this matter is set for ______________________________________ ____________________________________________________________(time, date and place). 8. In the event the matter is not settled, the arbitration hearings shall be convened within ________ (__) days of the settlement conference.

2

9.

The arbitration [shall/shall not] be subject to: The Pennsylvania Rules of Civil Procedure ________; and/or The Pennsylvania Rules of Evidence _______.

10. Counsel represent that they have obtained the consent of their respective clients to enter this Stipulation. 11. After receipt and execution by counsel for all parties, this Stipulation shall be submitted to Catherine Hart, the Court Administrative Office of the Commerce Case Management Program in Room 521 of City Hall, for final approval and entry as an Order of the Court by the Assigned Judge. It is so Stipulated and Agreed:

________________________ Counsel Name/Address Attorney for Plaintiff

_________________________ Counsel Name/Address Attorney for Defendant

It is so ORDERED, this _______ day of _____________, 200_.

__________________________________ J.

3