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

Case 1:07-cv-00137-SLR Document 74 Filed O9/20/2007 Paget of 4
IN THE UNITED STATES DISTRICT COURT j
l FOR THE DISTRICT OF DELAWARE i
Sun Optics, Inc., :
Piaimiir, E
v. Civ. No. 07-137 SLR I
FGX International, Inc., ¤
Defendant.
QRIIEB E
At Wilmington this 20"‘ day of September, 2007,
IT IS ORDERED that:
1. Mediation conferences have been scheduled for October 30, 2007 at
10:00 a.m. and November 27, 2007 at 10:00 a.m. E
2. Required participants who must be present at mediation:
a. Trial counsel and counsel familiar with the case.
b. The parties and/ordecision-makers ofthe parties, who must
have full authority to act on behalf of the parties, including the authority to negotiate a
resolution of the matter.
ln-person attendance at mediation by the above-described individuals is
required unless otherwise authorized by the Court. Any request to modify this requirement
shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se
parties, no later than fourteen (14) days before the mediation.
_ In addition, under separate cover, the direct dial telephone work numbers and

Case 1:07-cv-00137-SLR Document 74 Filed O9/20/2007 Page 2 of 4
cell or home numbers of in—state and out-of-state counsel who will be attending the
mediation shall be provided to the Magistrate Judge. Each of these individuals shall also
provide an electronic mail address where the individual can be regularly reached.
Unrepresented parties shall provide direct dial telephone work numbers and cell or home K
numbers. _
Any request to bring electronic equipment, for example, cell l
phones, blackberries or laptop computers, for use ONLY during the mediation
conference, shall be made in writing under separate cover and must accompany the
mediation statements, and shall include the name(s) of the individuals and the l
equipment requested to be authorized. The electronic equipment must be an
integral part of the mediation process and notjust for convenience.
3. On or before October 19, 2007, AN ORIGINAL and ONE COPY of l
the mediation conference statements shall be submitted __(m_I_=Y to the Magistrate Judge. T
The mediation conference statements shall not be filed with the Clerk's Office, but shall
be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge
Leonard P. Stark and marked "CONFlDENTlAL MEDIATION STATEMENT." The
statements gay gg; be exchanged among the parties or counsel, @ @ be provided to
the trial judge and sllay gt become part of the record in this matter. Mediation
statements shall NOT be electronically filed since they are not part of the Court
record.
4. The mediation conference statements may be in memorandum or
letter form, and shall be limited to no more than twenty (20) pages double spaced in
length, 12 pt. font. They shall contain the following:

Case 1:07-cv-00137-SLR Document 74 Filed O9/20/2007 Page 3 of 4
a) A description of who the parties are, their relationship, if any,
to each other and by whom each party is represented, including the identity of all
individuals participating on behalf of a party during the mediation conference. i
b) A brief factual background, clearly indicating those facts not in
dispute. T
c) A brief summary ofthe law, including applicable statutes, cases
and standards. Any unreported decisions including decisions from thisjurisdiction, are to
be included as exhibits.
d) An honest discussion of the party's claims and/or defenses,
including the strengths and weaknesses of the party's position.
e) A brief description or history of prior settlement negotiations and l
discussions, including the party's assessment as to why settlement has not been reached,
the party's proposed term(s) for a resolution and a description of how the party believes i
the Court may be able to assist in reaching an agreement.
f) The amount of attorneys' fees and costs listed separately that
have been incurred by the party to date, with a fair estimate of such additional fees and
expenses, including expert witness fees, if this matter is not settled. In the case of a
contingency fee or non-hourly rate fee arrangement, the percentage of that fee, if
applicable, the number of hours and costs incurred bythe party to date, with a fair estimate
of additional expenses, including expert witness fees, and the amount of hours if this
matter is not settled.
5. Crucial or pertinent documents or other documentary evidence or a
summary of said documents may be submitted as exhibits to the settlement conference

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statement. Counsel are cautioned to limit such exhibits.
6. Those participating in the mediation conference shall be available and
accessible throughout the process. The Court expects the parties' full and good faith
cooperation with the mediation process.
7. The parties may each submit a CD, DVD or video-tape to assist the
Court in understanding the basis of the claims and patent(s) involved.
8. The contents of the mediation conference statements and the
conference discussions, including any resolution or settlement, shall remain
confidential, shall not be used in the present litigation, nor any other litigation
presently pending or filed in the future, and shall not be construed as nor constitute
an admission. Breach of this provision shall subject the violator to sanctions.
Local counsel are reminded of their obllgationsto 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.
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