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

Case 1:04-cv-01272-KAJ Document 19 Filed 03/11/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CYNTHIA THOMAS, 1
Plaintiff, Q
v. Civil Action No. O4-1272-KAJ
UNITED STATES OF AMERICA,
Defendant.
QQQ
At Wilmington this 11th day of March, 2005,
IT IS ORDERED that:
1. The mediation conference has been scheduled for Monday,
September 12, 2005 beginning at 10:00 a.m.
2. The trial attorneys and those who are familiar with the case and their
respective clients and/or decision makers, who must include individuals with full authority
to act on behalf of the parties, including the authority to negotiate a resolution of the matter,
must be present. ln addition, under separate 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. Where a party is
unrepresented by counsel, that party shall provide direct dial telephone work numbers and
cell or home numbers. Attendance at the mediation by the aforementioned 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.
.. i“’ 1.:Ea. ‘r"’ it it wwfm 1., .; as New —» or

Case 1:04-cv-01272-KAJ Document 19 Filed 03/11/2005 Page 2 of 4
3. On or before Thursday, September 1, 2005, each party shall submit
to the Magistrate Judge Qi; AN ORIGINAL and ONE COPY of the mediation
conference statement. The mediation conference statements shall not be filed with the
CIerk's Office. However, the mediation statement shall be delivered to the CIerk’s Office
in an envelope addressed to U. S. Magistrate Mary Pat Thynge and marked
"CONFIDENTlAL MEDIATION STATEMENT." The statements gt! mnt be exchanged
among the parties or counsel, gg ng be provided to the trialjudge and gig gg 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 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,
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.
b) A brief factual background, clearly indicating those facts not in
dispute.
c) A brief summary of the 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

Case 1:04-cv-01272-KAJ Document 19 Filed 03/11/2005 Page 3 of 4
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. ln the case of a
contingency fee or non-hourly rate fee arrangement, the percentage of that fee, if
applicable, the numberof hours and costs incurred by the 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 mediation conference
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 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
_ "i__;a___,_ """‘ T ` Tiigai. ;; s. Zs;"TTT1‘.‘ ‘ Q- ja; .j. ,,

Case 1:04-cv-01272-KAJ Document 19 Filed 03/11/2005 Page 4 of 4
immediately of any problems regarding compliance with this Order.
·· UNI TATES MAG i f JUDGE
_ 'T7“"` I `T `; _, I `_ "' 0='?i1 ii"` .-;._la_;_ _ ,_i‘i_g