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

Case 1:04-cv—O1374—SLR Document 17 Filed O3/O9/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAMELA R. GRAEBER, :
Plaintiff, 2
v. Civil Action No. O4-1374-slr
MOTHERS WORK, INC.,
Defendant.
QQEB
At Wilmington this 9th day of March, 2005,
IT IS ORDERED that:
1. The mediation conference has been scheduled for Friday, September
9,2005 beginning at 10:00 a.m. A teleconference has been scheduled for Tuesday, July
26, 2005 at 8:30 a.m. with Magistrate Judge Thynge. Defendant’s counsel shall initiate
the teleconference call.
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 ofthe parties, including the authority to negotiate a resolution ofthe matter,
must be present. In 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

Case 1:04-cv—O1374—SLR Document 17 Filed O3/O9/2005 Page 2 of 4
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.
3. On or before Tuesday, August 30, 2005, each party shall submit to
the Magistrate Judge QL); AN ORIGINAL and ONE COPY ofthe 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 CIerk’s Office in an
envelope addressed to U. S. Magistrate Mary Pat Thynge and marked
"CONFIDENTIAL MEDIATION STATEMENT." The statements s@ mnt be exchanged
among the parties or counsel, $@@ be provided to the trial judge and s@[gt 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
letterform, 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,
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 briefsummary 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 paity's claims and/or defenses,

Case 1:04-cv—O1374—SLR Document 17 Filed O3/O9/2005 Page 3 of 4
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. 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 by the 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
summaiy of said documents may be submitted as exhibits to the mediation conference
statement. Counsel are cautioned to limit such exhibits.
6. Those participating inthe 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.

Case 1:04-cv—O1374—SLR Document 17 Filed O3/O9/2005 Page 4 of 4
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 complian g with t is r.
Nir A s lviAcls T JUDGE