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

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IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
THOMAS R. RUSSO, :
Plaintiff,
v. C.A. No. 07-548-SLR-LPS
PLUMBERS PIPEFITTER LOCAL #74
PENSION FUND, PENSION :
ADMINISTRATOR, AND GEM GROUP, :
I Defendants.
ORDER
At Wilmington this 23rd day of January, 2008, IT IS ORDERED that:
l. A mediation conference in Magistrate Judge Starl<’s Chambers is scheduled for
February 11, 2008 beginning at 9:00 a.m.
2. Plaintiff and counsel for the Defendants shall attend the mediation conference in
person. The Defendant clients need not attend the conference in person, but shall be immediately
reachable by telephone.
3. On or before February 4, 2008, on behalf of both parties, counsel for the Defendants
shall submit to Magistrate Judge Stark copies of the letters that both sides will have previously
exchanged. These letters sh all 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 Leonard P. Stark and
marked "CONFIDENTIAL MEDIATION LETTERS? The letters gh g be provided to the
trial judge, and QQ gg become part of the record in this matter. Mediation letters shall NOT be
electronically filed since they are not part of the Court record.
4. The contents of the mediation letters and the mediation conference discussions,

Case 1 :07-cv-00548-SLR-LPS Document 12 Filed 01/24/2008 Page 2 of 2
including any resolution or settlement, shall remain confidential, shall not be used in the
present litigation nor any other litigation (whether 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.
5. Before, during, and after the scheduled mediation conference, the Court may find it
necessary and useful to communicate with one or more parties outside the presence ofthe other party
or parties.
6. Any request to bring electronic equipment (for example, cell phones, blackberries or
laptop computers) for use may during the mediation conference shall be made in writing and shall
be submitted no later than the date on which mediation letters are due (see 13 above). Any such
request shall include the name(s) of the individuals, a list of the equipment requested to be
authorized, and a representation that counsel believes the presence ofthe requested equipment will
be of assistance in the mediation process and the request is not being made just for convenience.
7. The required participants shall be available and accessible throughout the mediation
process. The Court expects the parties' full and good faith cooperation with the mediation process.
In particular, the Court expects both the lawyers and the party representatives to be fully prepared
to participate. The Court encourages all participants to keep an open mind in order to reassess their
previous positions and to tind creative means for resolving the dispute.
j ,3 Q l5—<..
UNITED STATES MAGISTRATE JUDGE

Case 1:07-cv-00548-SLR-LPS

Document 12

Filed 01/24/2008

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Case 1:07-cv-00548-SLR-LPS

Document 12

Filed 01/24/2008

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