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

Case 1:05-cv-00880-GMS Document 28 Filed 10/05/2006 Page 1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE 5
ST. PAUL TRAVELERS COMPANIES, : N
INC. and DAISY CONSTRUCTION :
COMPANY, E I
Plaintiffs,
v. Civil Action No. 05-880-KAJ I
wAu¤Ai=<, inc., Q
. Defendant. F I L E D
QQQQ 0CT 5 2005
. . At Wilmington this 5th day of October, 2006,
I .I . I I IT IS ORDERED that: I I
1. The mediation conference has been scheduled forThursday, May10,
2007 at 10:00 a.m.
g 2. Required participants who must be present at mediation:
a. Trial counsel and counsel familiar with the case.
b. The parties and/ordecision—mal have full authority to act on behalf of the parties, including the authority to negotiate a
resolution of the matter.
In-person attendance at mediation by the above-described individuals is
required unless otherwise authorized bythe Court. Any request to modify this requirement
shIall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se
parties, no laterthan fourteen (14) days before the mediation.

Case 1:05-cv-00880-GMS Document 28 Filed 10/05/2006 Page 2 of 4
I I In addition, underseparate cover, the direct dial telephone work numbers and
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. Unrepresented parties shall provide
direct dial telephone work numbers and cell or home numbers.
Any request to bring electronic equipment, for example, cell
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
equipment requested to be authorized. The electronic equipment must be an
integral part of the mediation process and not just for convenience. l
3. On or before Monday, April 30, 2007, AN ORIGINAL and ONE COPY
of the mediation conference statements shall be submitted _Q__l\l,Y_ to the Magistrate Judge.
The mediation conference statements shall not be filed with the CIerk's Office, but shall
be delivered to the Clerk’s Office in an envelope addressed to U. S. Magistrate Judge
Mary Pat Thynge and marked "CONFlDENTlAL MEDIATION STATEMENT." The
statements @ gg be exchanged among the parties or counsel, @ @ be provided to
the trial judge and @ not 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 lor
letter form, and shall be limited to no more than fifteen (15) pages double spaced, 12 pt,
font. They shall contain the following:
a) A description of who the parties are, their relationship, if any,

Case 1:05-cv-00880-Gl\/IS Document 28 Filed 10/05/2006 Page 3 of 4
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. V
l
b) A brief factual background, clearly indicating those facts not in i
dispute.
c) A brief summary ofthe law, including applicable statutes, cases
and standards. Any unreported decisions including decisions from this jurisdiction, are to I
be included as exhibits.
d) An honest discussion ofthe party's claims and/or defenses, l
including the strengths and weaknesses of the party's position.
e) A brief description or history of prior settlement negotiations and
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
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. A Crucial or pertinent documents or other documentary evidence or a
summary of said documents may be submitted as exhibits to the mediation conference 5
statement. Counsel are cautioned to limit such exhibits.
‘ - l

Case 1:05-cv-00880-Gl\/IS Document 28 Filed 10/05/2006 Page 4 of 4
· 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 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 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.
l /s/ l\/tary Pat Thynge
UNITED STATES l\/IAGISTRATE JUDGE