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

Case 1:07-cv-00823-SLR-LPS Document 12 Filed 01/22/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Medtronic, Inc., 1
Plaintiff, Z
v. Civ. No. 07-823 SLR—LPS
Boston Scientific Corporation, Guidant
s Corporation and Mirowski Family :
Ventures L.L.C., ;
Defendants.
QQE
At V\/ilmington this 22nd day of January, 2008:
IT IS ORDERED that a teleconference will be held on February 20, 2008 at
11:00 a.m. with Magistrate Judge Stark to discuss the scheduling of, the procedures
involved, and the types of alternative dispute resolutions available, including mediation
conferences. PIaintiff’s counsel shall initiate the teleconference call to
302-573-4573.
IT IS FURTHER ORDERED that the teleconference scheduled in Case No. 07-
823-SLR-LPS for March 31, 2008 at 10:00 a.m. is CANCELED. The teleconference in
this case will not be conducted jointly with the teleconferences previously scheduled in
Case Nos. 07-333—SLR, 07-348-SLR and 07-409-SLR.
IT IS FURTHER ORDERED that Counsel and the parties are required to review and
be prepared to discuss the attached “Teleconference Preparation Requirements" during the .
teleconference. Counsel and the parties shall also review and be prepared to discuss during
the teleconference the "Form Order Governing Mediation Conferences and Mediation

Case 1 :07-cv-00823-SLR-LPS Document 12 Filed 01/22/2008 Page 2 of 4
Statements} a copy of which is posted under Magistrate Judge Stark's Chambers
Procedures on the Court’s website. Counsel must advise the Court during the
teleconference of any proposed moditications to the Form Order.
Delaware 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 l\/IAGISTRATE JUDGE
l

Case 1 :07-cv-00823-SLR-LPS Document 12 Filed 01/22/2008 Page 3 of 4
TELECONFERENCE PREPARATION REQUIREMENTS
The following are some areas that the Court will focus upon during the g
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 highllow; neutral evaluation; summary or
mini bench or jury proceeding).
2. The timing of any ADR process.
3. The availability of counsel, the parties and/or their decision makers.
4. The length of time needed for the scheduled ADR process (e.g., more
than one day). -
5. The identities of any non-parties who have an interest or influence on
the outcome of the litigation, and whether they were notified by counsel orthe parties ofthe
teleconference. For example, such non-parties would include health care or workers’
compensation lienholders, excess carriers, or unsecured creditors in bankruptcy adversary
proceedings. Mg; lf 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 orthe party shall advise the
non—party or its representative of the date and time of the teleconference and their required
participation.
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.

Case 1 :07-cv-00823-SLR-LPS Document 12 Filed 01/22/2008 Page 4 of 4
7. Previous efforts, if any, by the parties or their counsel to resolve this
matter.
8. The identification of any outstanding liens, the amounts verified, and
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. lf 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.
10. The Court’s Form Order Governing Mediation Conferences and
Mediation Statements.

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