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

Case 1:04-cv-00350-KAJ

Document 109

Filed 02/14/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

RELIANT PHARMACEUTICALS, INC., Plaintiff, v. ABBOTT LABORATORIES and LABORATORIES FOURNIER S.A., Defendants.

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Civil Action No. 04-350-KAJ

ORDER At Wilmington this 14th day of February, 2006. IT IS ORDERED that: A mediation conference has been scheduled for Friday, February 24, 2006 beginning at 9:30 a.m. In the event a party cannot be present in Wilmington, that party (or parties) may participate by telephone. Notice of whether participation will be in person or by telephone shall be provided no later than Tuesday, February 21, 2006. To the extent there shall be participation by telephone, plaintiff's counsel shall initiate the teleconference call. 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 all parties (Reliant, Abbott and Fournier), including the authority to negotiate a resolution of the matter, must be present either in Wilmington or by telephone.

Case 1:04-cv-00350-KAJ

Document 109

Filed 02/14/2006

Page 2 of 2

No later than Tuesday, February 21, 2006, the parties shall submit an agreed-upon set of settlement documents that have been the subject of negotiations by the parties. 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. 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. The contents of any submissions 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.

UNITED STATES MAGISTRATE JUDGE 2