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

Case 1:04-cv-00360-JJF Document 31 Filed O3/O9/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TRILEGIANT LOYALTY :
SOLUTIONS, INC. :
Plaintiff, S 2
v. Civil Action No.04-360-JJF
lvlARlrz, imc., E ,
Defendant.
EEE
At Wilmington this 9th day of March, 2005,
IT IS ORDERED that:
1. The mediation conference has been scheduled for Tuesday,
September 13, 2005 beginning at 10:00 a.m.
2. The trial attorneys and those who are familiar with the case and their
respective clients and/or decision makers, who must include individuals with full authority
to act on behalf of the parties, including the authority to negotiate a resolution ofthe matter,
must be present. ln addition, under separate cover, the direct dial telephone work
numbers and cell or home numbers of in—state and out-of-state counsel who will be
attending the mediation shall be provided to the Magistrate Judge. Where a party is
unrepresented by counsel, that party shall provide direct dial telephone work numbers and
cell or home numbers. Attendance at the mediation by the aforementioned individuals is
required unless otherwise authorized bythe Court. Any request to modify this requirement
shall be made in writing to the Magistrate Judge, with a copy to all counsel or pro se

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parties, no later than fourteen (14) days before the mediation.
3. On or before Thursday, September 1, 2005, each party shall submit
to the Magistrate Judge Qi AN ORIGINAL and ONE COPY of the mediation
conference statement. The mediation conference statements shall not be filed with the
Clerk’s Office. However, the mediation statement shall be delivered to the Clerk’s Office
in an envelope addressed to U. S. Magistrate Mary Pat Thynge and marked
"CONFlDENTlAL MEDIATION STATEMENT." The statements @ @ be exchanged
among the parties or counsel, grgg be provided to the trial judge and grgygpj become
part ofthe record in this matter. Mediation statements shall NOT be electronically filed
since they are not part of the Court record.
4. The mediation conference statements may be in memorandum or
letter form, and shall be limited to no more than twenty (20) pages double spaced, 12 pt.
font. They shall contain the following:
a) A description of who the parties are, their relationship, if any,
to each other and by whom each party is represented, including the identity of all
individuals participating on behalf of a party during the mediation conference.
b) A brief factual background, clearly indicating those facts not in
dispute.
c) A brief summary ofthe law, including applicable statutes, cases
and standards. Any unreported decisions including decisions from thisjurisdiction, are to
be included as exhibits.
d) An honest discussion of the party's claims and/or defenses,
including the strengths and weaknesses of the party's position.

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e) A brief description or history of prior settlement negotiations and
discussions, including the party's assessment as to why settlement has not been reached,
the party's proposed term(s) for a resolution and a description of how the party believes
the Court may be able to assist in reaching an agreement.
f) The amount of attorneys' fees and costs listed separatelythat
have been incurred by the party to date, with a fair estimate of such additional fees and
expenses, including expert witness fees, if this matter is not settled. ln the case of a
contingency fee or non-hourly rate fee arrangement, the percentage of that fee, if
applicable, the number of hours and costs incurred bythe party to date, with a fair estimate
of additional expenses, including expert witness fees, and the amount of hours if this
matter is not settled.
5. Crucial or pertinent documents or other documentary evidence or a
summary of said documents may be submitted as exhibits to the mediation conference
statement. Counsel are cautioned to limit such exhibits.
6. Those participating in the mediation conference shall be available and
accessible throughout the process. The Court expects the parties' full and good faith
cooperation with the mediation process.
7. The parties may each submit a video—tape to assist the Court in
understanding the basis of the claims and patent(s) involved.
8. The contents of the mediation conference statements and the
conference discussions, including any resolution or settlement, shall remain
confidential, shall not be used in the present litigation, nor any other litigation
presently pending or filed in the future, and shall not be construed as nor constitute

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an admission. Breach of this provision shall subject the violator to sanctions.
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 Order.
-
e i UNIT ` TES yl ` ATE JUDGE

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