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

Case 1:07-cv-00147-SLR Document 38 Filed 12/10/2007 Page1 of 4
IN THE UNITED STATES DISTRICT COURT f
FOR THE DISTRICT OF DELAWARE
ANTHONY PORTERFIELD, :
Piaamlrr, Z $
v. Civ. No. 07-147-SLR
CORRECTIONAL MEDICAL SERVICES Jury Trial Demanded I
(CMS), etal., :
Defendants.
ORDER SCHEDULING ADR TELECONFERENCE
At Wilmington this 10th day of December, 2007. _
IT IS ORDERED that a teleconference has been scheduled for January 8,
2008 at 2:00 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. Plaintit·f’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 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.

Case 1:07-cv-00147-SLR Document 38 Filed 12/10/2007 Page 2 of 4
Delaware counsel are reminded of their obligations to inform out-of—state J
counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court E
immediately of any problems regarding compliance with this Order.
UNITED STATES l\/IAGISTRATE JUDGE

Case 1:07-cv-00147-SLR Document 38 Filed 12/10/2007 Page 3 of 4

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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
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 lienholders, excess carriers, or unsecured creditors in bankruptcy adversary
proceedings. @g; 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 E
process in this case, including companion cases filed in this Court or other courts, and
arbitration proceedings.

Case 1:07-cv-00147-SLR Document 38 Filed 12/10/2007 Page 4 of 4
7. Previous efforts, if any, by the panties or their counsel to resolve this
matter.
8. The identification of any outstanding liens, the amounts verified, and
vvhetherthe liens are negotiable or limited by governmental regulations or statutes (federal, _ N
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. X
10. The Court’s Form Order Governing Mediation Conferences and
Mediation Statements.
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