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

Case 1:07—cv—OO484-JJF-LPS Document 17-2 Filed 11/09/2007 Paget of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MACSTEEL INTERNATIONAL USA, ;
CORP, :
Plaintiff, Z
v. Civ. No. 07-484-JJF — I. IOS
IVI/V DOBRUSH in rem, her engines,
boilers, etc., WESTERN BULK CARRIERS :
A.S., and COMMERCIAL FLEET OF ;
DONBASS, :
Defendants.
EE.
At Wilmington this 9th day of November, 2007.
IT IS ORDERED that a teleconference has been scheduled for Wednesday,
December 5, 2007 at 2:00 p.m. with Magistrate Judge Stark to discuss the status of the
case, as well as the possibility of 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.
Local counsel are reminded oftheir 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.
jpscgag
UNITED S A ES MAOISTRATE JUDGE

Case 1:O7—cv—OO484-JJF-LPS Document 17-2 Filed 11/O9/2007 Page 2 of 3
TELECONFERENCE PREPARA'l'lON 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 orjury proceeding).
2. The timing of any ADR process.
3. The availability of counsel, the parties and/or their decision makers.
4. The length oftime 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 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. 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.
6. Any ancillary litigation pending/planned which could affect the ADR

Case 1:O7—cv—OO484-JJF-LPS Document 17-2 Filed 11/O9/2007 Page 3 of 3
process in this case, including companion cases filed in this Court or other courts, and
arbitration proceedings.
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
whetherthe 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. lfthe 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.