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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

In re:

: : THE IT GROUP, INC., et al., : : Debtors. : __________________________________ : : IT LITIGATION TRUST, : : Plaintiff, : : v. : : DANIEL A. D'ANIELLO, et al., : : Defendants. :

Chapter 11 Case No. 02-10118 (MFW) Jointly Administered

Civil Action No. 04-1268-KAJ

ORDER At Wilmington this 9th day of August, 2006. As a result of the telephonic conference held on Tuesday, August 8, 2006, mediation is schedule in the above captioned matter and the related matter of Federal Insurance Co. v. D'Aniello, U.S. District Court, Western District of PA, C. A. No. 050305 with counsel on behalf of the parties in attendance. IT IS ORDERED that: 1. The mediation conference has been scheduled for Wednesday,

August 23, 2006 at 9:00 a.m. Dress for the mediation is casual. 2. Required participants who must be present at mediation: a. Trial counsel and counsel familiar with the case.

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b. The parties and/or decision-makers of the parties, who must have full authority to act on behalf of the parties, including the authority to negotiate a resolution of the matter. Counsel and a representative for AIG with the aforementioned authority shall also attend the mediation. In-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 in these matters, no later than fourteen (14) days before the mediation. In 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. 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. 3. On or before August 15, 2006, an original and a copy of the

mediation statements shall be submitted to the Magistrate Judge ONLY. 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 Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel, shall not be provided to the trial

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judges and shall not become part of the record in these matters. Mediation statements shall NOT be electronically filed since they are not part of a court record. 4. The mediation conference statements may be in memorandum or

letter form, and shall be subject to the following page limitations: IT Litigation Plaintiff: ten (10) pages; Defendant IT Litigation defendants: joint submissions of fifteen (15) pages; Federal Insurance plaintiffs: joint submission of ten (10) pages; Federal Insurance defendants: joint submission of ten (10) pages; AIG: ten (10) pages. Submissions shall be double-spaced and 12 point 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 description or history of prior settlement negotiations,

concepts or 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. c) Attorneys' fees and costs to date and projected or future

fees and costs, including expert fees through trial. In the case of a contingency fee or non-hourly rate fee arrangement, the percentage of that fee, if applicable, the number

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of 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.

/s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE