Free Order Setting Teleconference - District Court of Delaware - Delaware

Case 1:07-cv-00007-GMS

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Filed 08/29/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

William C. Conaway and Richard L Puican, Plaintiffs, v. Heannen Harrison, Defendant. Civ. No. 07-07 GMS

:
ORDER

At Wilmington this 2gthday of August, 2007. IT IS ORDERED that a teleconference has been scheduled for Wednesday, September 5th, 2007 at 10:OO 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. 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.

UNITED STATES MAGISTRATE JUDGE

Case 1:07-cv-00007-GMS

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TELECONFERENCE PREPARATION 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 highllow; neutral evaluation; summary or mini bench or jury proceeding).

2.

The timing of any ADR process. The availability of counsel, the parties andlor their decision makers. The length of time needed for the scheduled ADR process (e.g., more

3.
4. 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 workers1 colnpensation lieliholders, excess carriers, or unsecured creditors in bankruptcyadversary proceedings. Note: 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 pendinglplanned which could affect the ADR

process in this case, including companion cases filed in this COI-lrt or other col.lrts, and arbitration proceedings.

Case 1:07-cv-00007-GMS

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7.
matter. 8.

Previous efforts, if any, by the parties or their counsel to resolve this

The identification of any outstanding liens, the amounts verified, and

whether the liens are negotiableor 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. If the information will not be available or corr~pletedby the time of the teleconference, counsel shall have an understanding of the type of information, reports, data and necessary discovery before

ADR should occur.