Free Order Setting Teleconference - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Boston Scientific Corporation and ;
Boston Scientific Scimed, Inc. :
Plaintiffs, Z
v. Civ. No. 07-409 SLR
Johnson and Johnson, lnc. and
. Cordis Corporation, :
Defendants.
QBDEB.
At Wilmington this 12*** day of October, 2007.
IT IS ORDERED that a teleconference has been scheduled for Tuesday,
November 6, 2007 at 4:00 p.m. with Magistrate Judge Stark to discuss the scheduling of,
the procedures involved and the types of alternative dispute resolutions available, including
mediation conferences. PIaintiff’s counsel shall initiate the teleconference call to
302-573-4573.
Local 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.
Counsel and the parties are required to review and be prepared to discuss
the attachment to this Order during the teleconference.
{zuosia. %


Case 1:07-cv-00409-SLR Document 19 Filed 10/12/2007 Page 2 of 3
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 forthe scheduled ADR process (e.g., more P
than one day).
5. The identities of any non—parties who have an interest or influence on
the outcome of the litigation, and whether they were notihed by counsel or the parties of
the teleconference. For example, such non-parties would include health care or workers’
compensation Iienholders, excess carriers, or unsecured creditors in bankruptcy adversary
proceedings. Ng; 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 or the party shall advise
the non-party or its representative of the date and time of the 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 19 Filed 10/12/2007 Page 3 of 3
7. Previous efforts, if any, by the parties or their counsel to resolve this
matter.
8. The identitication of any outstanding liens, the amounts verified, and
whetherthe liens are negotiable or limited by governmental regulations or statutes (federal,
state or local). I
9. The identitication of other information required to appropriately and i
reasonably value this matter prior to the ADR process selected. If the information will not I
be available or completed by the time of the teleconference, counsel shall have an _
understanding of the type of information, reports, data and necessary discovery before Q
ADR should occur.
I