Free Order Setting Teleconference - District Court of Delaware - Delaware

Case 1:07-cv—00154-GMS Document 24 Filed 12/18/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ING BAl\IK,fsb )
doing business as )
ING direct; )
ING DIRECT BANCORP )
Plaintiffs, g
v. g Civil Action No. 07-154-GMS
EVERBANK; EVERBANK FINANCIAL g
CORP; STONE & WARD INC. )
Defendants. g
ORDER SCHEDULING ADR TELECONFERENCE
At Wilmington this 18“‘ day of December, 2007.
IT IS ORDERED that a teleconference has been scheduled for Thursday,
December 20, 2007 at 9:00 a.m. with Magistrate Judge Thynge to discuss the
scheduling of, the procedures involved, and the types of alternative dispute resolutions
available, including mediation. Plaintiff’s counsel shall initiate the teleconference
call to 302-573-6173.
IT IS FURTHER ORDERED that counsel and the parties are required to
review and be prepared to discuss during the teleconference the attached
"TeIeconference Preparation Requirements" and the "Order Governing Mediation
Conferences and Mediation Statements," a copy of which is posted under Magistrate
Judge Thynge’s Forms on the Court’s website. Counsel shall advise the Court during
the teleconference of any proposed modifications to that Order.

Case 1:07-cv—00154-Gl\/IS Document 24 Filed 12/18/2007 Page 2 of 4
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.
/s/ Mary Pat Thynge
UNITED STATES l\/IAGISTRATE JUDGE

Case 1:07-cv—00154-Gl\/IS Document 24 Filed 12/18/2007 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 of the litigation, and whether they were notified 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. @@5 If 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—00154-GMS Document 24 Filed 12/18/2007 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 whether the 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 of the type of information, reports, data and necessary discovery before
ADR should occur.
10. The Court’s Form Order Governing Mediation Conferences and
Mediation Statements.
/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE