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

Case 1:07-cv-00160-LPS Document 23 Filed 09/04/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHEILA LAND, individually and as :
Guardian of RAZHON ANDRE BANKS, a :
minor and Charles J. Durante, Esq., :
Executor of the Estate of Charles Andre :
Banks, :
Plaintiffs, 2
v. C. A. No. 07-160-***
THE CITY OF DOVER and JOHN DOES
1-5, In their individual and official :
capacities, :
Defendants.
ORDER
At Wilmington this 4"‘ day of September, 2007,
IT IS ORDERED that:
1. The mediation conference has been scheduled for Wednesday,
January 23, 2008 beginning at 10:00 a.m.
2. Required participants who must be present at mediation:
a. Trial counsel and counsel familiar with the case.
b. The parties and/ordecision-makers ofthe parties, who must
have full authority to act on behalf of the parties, including the authority to negotiate a
resolution of the matter.
In-person attendance at mediation by the above—described individuals is
required unless othenlvise 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
parties, no later than fourteen (14) days before the mediation.

Case 1:07-cv-00160-LPS Document 23 Filed 09/04/2007 Page 2 of 4
In addition, under separate cover, the directdial 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. Unrepresented parties shall provide
direct dial telephone work numbers and cell or home numbers.
Any request to bring electronic equipment, for example, cell
phones, blackberries or laptop computers, for use ONLY during the mediation
conference, shall be made in writing under separate cover and must accompany the
mediation statements, and shall include the name(s) of the individuals and the
equipment requested to be authorized. The electronic equipment must be an
integral part of the mediation process and not just for convenience.
3. On or before Friday, January 11, 2008 , AN ORIGINAL and ONE
COPY ofthe mediation conference statements shall be submitted @@0 the Magistrate
Judge. The mediation conference statements shall not be filed with the Clerl<'s Office,
but shall be delivered to the Clerk’s Office in an envelope addressed to U. S.
Magistrate Judge Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION
STATEMENT." The statements @ @ be exchanged among the parties or counsel,
sjyaj g be provided to the trial judge and sigh g become part of the 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
Ietterform, and shall be limited to no more than fifteen (15) pages double spaced, 12 pt.
font. They shall contain the following:
a) A description of who the parties are, their relationship, if any,

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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 this jurisdiction, 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.
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. In the case of a
contingency fee or non-hourly rate tee 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.

Case 1:O7—cv-00160-LPS Document 23 Filed O9/O4/2007 Page 4 of 4
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 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
an admission. Breach of this provision shall subject the violator to sanctions.
Local counsel are reminded oftheirobligations 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.
/s/ Mary Pat Thynge
UNITED STATES ll/IAGISTRATE JUDGE