Free Order Setting Teleconference - District Court of Delaware - Delaware

Case 1:04-cv-01184-KAJ

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

In re: NationsRent, Inc., et al.,

Case Nos. 01-11628 through 01-11639 (PJW) Jointly Administered Chapter 11

Debtors. NationsRent Unsecured Creditors' Liquidating Trust, Perry Mandarino, not personally, but as Trustee, Plaintiff, v. EJ Reynolds, Inc. Cyrk Inc. Office Management Systems Inc. Saber Fleet Services, Inc. d/b/a Weiland Tire Service Tacony Corporation Little Beaver, Inc. Diamant Boart Inc. Tsurumi (America) Inc. Harbor Graphics Corporation Multiquip Inc. Bobcat Company Nortrax Equipment Co. South LA Nortrax Equipment Co. SE, LLC Partner Industrial Products Rentlink Inc. Equipment Development Co., Inc.

District Court Case Nos. (KAJ): 04-CV-722 04-CV-734 04-CV-742 04-CV-753 04-CV-808 04-CV-997 04-CV-1004 04-CV-1005 04-CV-1007 04-CV-1025 04-CV-1026 04-CV-1044 04-CV-1045 04-CV-1047 04-CV-1054 04-CV-1128

Case 1:04-cv-01184-KAJ

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Fischer Group Dossey Holdings, Inc. L&P Financial Services Jeff Falkanger & Associates Morgan Guaranty Trust Company of New York Defendants.

04-CV-1141 04-CV-1155 04-CV-1165 04-CV-1184 04-CV-1192

ORDER At Wilmington this 1st day of November, 2005. IT IS ORDERED that a teleconference has been scheduled for Monday, November 14, 2005 at 5:00 p.m. EST with Magistrate Judge Thynge to discuss the scheduling of, the procedures involved and the types of alternative dispute resolutions available, including mediation conferences. Plaintiff's counsel has provided the

following as the dial-in number for the teleconference: Toll Free Dial In Number: HOST CODE: PARTICIPANT CODE: (877) 807-5706 836077 300694

Plaintiff's counsel shall provide all counsel and unrepresented parties with a copy of this Order. 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.

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Counsel and the parties are required to review and be prepared to discuss the attachment to this Order during the teleconference.

/s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE

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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 or jury proceeding). 2. The timing of any ADR process. Note: Generally, the Court's

availability is approximately 140+ days from the teleconference date. 3. 4. more than one day). 5. The identities of any non-parties who have an interest or influence The availability of counsel, the parties and/or their decision makers. The length of time needed for the scheduled ADR process (e.g.,

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. Note: If 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.

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6.

Any ancillary litigation pending/planned which could affect the ADR

process in this case, including companion cases filed in this Court or other courts, and arbitration proceedings. 7. matter. 8. The identification of any outstanding liens, the amounts verified, and Previous efforts, if any, by the parties or their counsel to resolve this

whether the liens are negotiable or limited by governmental regulations or statutes (federal, 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.

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