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

Case 1:04-cv-01338-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HONEYWELL INTERNATIONAL, INC. and HONEYWELL INTELLECTUAL PROPERTIES, INC., : : : : Plaintiffs, : : v. : : APPLE COMPUTER, INC., et al., : : Defendants. : __________________________________ : HONEYWELL INTERNATIONAL, INC. : and HONEYWELL INTELLECTUAL : PROPERTIES, INC., : : Plaintiffs, : : v. : : AUDIOVOX COMMUNICATIONS CORP., : et al., : : Defendants. : __________________________________ : OPTREX AMERICA, INC., : : Plaintiff, : : v. : : HONEYWELL INTERNATIONAL, INC. : and HONEYWELL INTELLECTUAL : PROPERTIES, INC., : : Defendants. :

Civil Action No. 04-1338-KAJ

Civil Action No. 04-1337-KAJ

Civil Action No. 04-1536-KAJ

ORDER At Wilmington this 16th day of November, 2006.

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Pursuant to the teleconference on Wednesday, November 15, 2006, IT IS ORDERED that: 1. The mediation sessions between the plaintiffs and defendants are

according to the following schedule: Monday, December 11, 2006 Tuesday, December 12, 2006 Wednesday, December 13, 2006 Thursday, December 14, 2006 Presently Open Hitachi Wintek Arima Philips Monday, December 18, 2006 Samsung Epson 9:00 am 9:00 am 8:30 am 8:30 am - 2:30 pm 3:00 pm - 9:00 pm 8:30 am - 2:30 pm 3:00 pm - 9:00 pm

(Sanyo/Seiko) Tuesday, December 19, 2006 Optrex Fuji Thursday, December 21, 2006 Citizen Toppoly Dress for the mediations may be casual. 2. Required participants who must be present at mediation: a. Trial counsel and counsel familiar with the case. b. The parties and/or decision-makers of the 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 8:30 am - 2:30 pm 3:00 pm - 9:00 pm 8:30 am - 2:30 pm 3:00 pm - 9:00 pm

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is required unless otherwise authorized by the 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. 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. 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, December 1, 2006, each party shall submit to

the Magistrate Judge ONLY 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 "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel, shall not be provided to the trial judge and shall not 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

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letter form, and shall be subject to the following page limitations: no more than ten (10) pages, double-spaced for each defendant, except for the Hitachi defendants, and a total of sixty (60) pages double-spaced for Honeywell. Honeywell and Hitachi may

supplement their prior mediation statements by five (5) pages, double-spaced. All statements shall be in 12 pt. font. 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 description or history of prior settlement negotiations and

discussions, the issues remaining concerning settlement, the party's assessment as to why settlement has not been reached, the party's proposed term(s), suggestions or concepts for a resolution and a description of how the party believes the Court may be able to assist in reaching an agreement. c) The amount of attorneys' fees and costs listed separately that

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 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. The parties shall submit the last draft(s) of the settlement document(s)

highlighting the provisions that remain in dispute, which may be forwarded to the Magistrate Judge via email on the date the submissions are due. The parties may submit

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as exhibits other relevant negotiation materials to their mediation statements. 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 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.

/s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE