Free Order Setting Mediation Conferences - District Court of Delaware - Delaware

Case 1:07-cv-00409-SLR Document 23 Filed 01/08/2008 Page 1 of 4
IN THE LINITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Boston Scientific Corporation and 1
Boston Scientific Scimed, Inc., :
Plaintiffs, Z
v. Civ. No. 07-333 SLR
Johnson & Johnson, Inc. and
Cordis Corporation, :
Defendants.
Boston Scientific Corporation and :
Boston Scientific Scimed, Inc., :
Plaintiffs, Z
v. Civ. No. 07-348 SLR
Johnson and Johnson, Inc. and
Cordis Corporation, :
Defendants.
Boston Scientific Corporation and :
Boston Scientific Scimed, Inc. :
Piaamarrs, {
v. Civ. No. 07-409 SLR
Johnson and Johnson, Inc. and `
Cordis Corporation, :
Defendants.
EER
At Wilmington this 7th day of January, 2008:

Case 1:07-cv-00409-SLR Document 23 Filed 01/08/2008 Page 2 of 4
IT IS ORDERED that a teleconference has been scheduled in Case Nos. 07-333-
SLR and 07-348-SLR for March 31, 2008 at 10:00 a.m. with Magistrate Judge Stark to
discuss the scheduling of, the procedures involved, and the types of alternative dispute
resolutions available, including mediation conferences.
The teleconference scheduled for January 8, 2008 in those matters is
CANCELED.
IT IS FURTHER ORDERED that, because the teleconference in Case Nos. 07-
333-SLR and 07-348-SLR will be conducted jointly with the status teleconference
previously scheduled in Case No. 07-409-SLR, PIaintiffs’ counsel shall initiate the
teleconference call to 302-573-4573.
IT IS FURTHER ORDERED that Counsel and the parties are required to review and
be prepared to discuss the attached "TeIeconference Preparation Requirements" during the
teleconference. Counsel and the parties shall also review and be prepared to discuss during
the teleconference the "Form Order Governing Mediation Conferences and Mediation
Statements," a copy of which is posted under Magistrate Judge Stark’s Chambers
Procedures on the Court’s website. Counsel must advise the Court during the
teleconference of any proposed modifications to the Form Order.
Delaware counsel are reminded of their obligations to inform out-of-state
counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court
immediately of any problems regarding compliance with this Order.
l P 2 .Q . {M
UNITED STATES MAGISTRATE JUDGE

Case 1:07-cv-00409-SLR Document 23 Filed O1/08/2008 Page 3 of 4
TELECONFERENCE PREPARATION REQUIREMENTS
The following are some areas that the Court will focus upon during the
teleconference, if applicable. Counsel are required to be prepared to discuss these areas
and shall advise the Court of other issues that may affect ADR.
1. The parties’ interest in ADR and the type of ADR (e.g., mediation;
arbitration, binding or non-binding, with or without high/low; neutral evaluation; summary or
mini bench orjury proceeding).
2. The timing of any ADR process.
3. The availability of counsel, the parties and/or their decision makers.
4. The length of time needed for the scheduled ADR process (e.g., more
than one day).
5. The identities of any non—parties who have an interest or influence on
the outcome ofthe litigation, and whetherthey were notified by counsel orthe parties ofthe
teleconference. For example, such non—parties would include health care or workers’
compensation lienholders, excess carriers, or unsecured creditors in bankruptcy adversary
proceedings. lf any non—party’s interest would likely prevent a resolution if not a
participant in the selected ADR process, or whom counsel or a party feels may be
necessary for an effective ADR process to occur, then counsel orthe party shall advise the
non—party or its representative ofthe date and time ofthe teleconference and their required
participation.
6. Any ancillary litigation pending/planned which could affect the ADR
process in this case, including companion cases filed in this Court or other courts, and
arbitration proceedings.

Case 1:07-cv-00409-SLR Document 23 Filed O1/08/2008 Page 4 of 4
7. Previous efforts, if any, by the parties or their counsel to resolve this
matter.
8. The identification of any outstanding liens, the amounts verified, and
whetherthe liens are negotiable or limited by governmental regulations or statutes (federal,
state or local).
9. The identification of other information required to appropriately and
reasonably value this matter prior to the ADR process selected. lf the information will not
be available or completed by the time of the teleconference, counsel shall have an
understanding ofthe type of information, reports, data and necessary discovery before ADR
should occur.
10. The Court’s Form Order Governing Mediation Conferences and
Mediation Statements.