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


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Date: February 4, 2008
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State: Delaware
Category: District Court of Delaware
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I'- HT I" cééé ”iYb?EvZH5§?Ls'i;RIYLIPS-T ESB-cuHiéhYi”5 II.-Visited O2/O4/2008 Page 1 cr s
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
John J. Dougherty, ;
Piaimirr, E
v. A Civ. No. 07-674-SLR-LPS
Alan Blize and ASDI Incorporated,
Defendant. I
QFLDEB
At Wilmington this 4*" day of February, 2008. _
IT IS ORDERED that a teleconference has been scheduled for Wednesday,
February 20“‘, 2008 at 2:00 p .m. with Magistrate Judge Stark to discuss the scheduling
of, the procedures involved and the types of alternative dispute resolutions available,
including mediation conferences. Plaintiff’s counsel shall initiate the teleconference
call to 302-573-4573.
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.
Counsel and the parties are required to review and be prepared to discuss
the attachment to this Order during the teleconference.
j LJ?. KY
UNITED STATES IVIAGISTRATE JUDGE

Case 1 :07-cv-00674-SLR-LPS Document 15 Filed O2/O4/2008 Page 2 of 3
TELECONFERENCE PREPARATION REQUIREMENTS l _
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 i
. and shall advise the Court of other issues that may affect ADR. l
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 orjury proceeding).
2. The timing of any ADR process.
3. The availability of counsel, the parties andlor their decision makers.
4. The length of time needed forthe scheduled ADR process (e.g., more Q
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 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. N_c__@_; 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 norl—party or its representative of the date and time of the teleconference and their
required participation.
6. Any ancillary litigation pend ing/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-00674-SLR-LPS Document 15 Filed O2/O4/2008 Page 3 of 3
l
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
vvhetherthe liens are negotiable or limited by governmental regulations or statutes (federal, i
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 A
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.
l

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