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

Case 1:07-cv-00153-JJF Document 21 Filed O4/29/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Nationwide Mutual Fire Insurance
Company, :
Plaintiff, 2
v. Civ. No. 07-153-JJF
Sears Roebuck & Co., U
Defendant.
ORDER SCHEDULING ADR TELECONFERENCE
At Wilmington this 29"‘ day of April, 2008.
IT IS ORDERED that a teleconference has been scheduled for Wednesday,
May 6***, 2008 at 11:00 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 telephone conference set for 5/7/2008 at 11:00 AM before
Judge Leonard P. Stark is hereby CANCELLED. Plaintiff’s 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 "Teleconference 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 ofwhich 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 modhications to the Form Order.

Case 1 :07-cv-00153-JJF Document 21 Filed O4/29/2008 Page 2 of 4
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.
UNITED STATES IVIAGISTRATE JUDGE

Case 1 :07-cv-00153-JJF Document 21 Filed O4/29/2008 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 orwithout 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 (eg., 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 iienholders, 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 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 Hled in this Court or other courts, and
arbitration proceedings.

Case 1 :07-cv-00153-JJF Document 21 Filed O4/29/2008 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 veriHed, and
vvhetherthe 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. If 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.