Case 1:10-cv-00433-LPS Document 65 Filed 08/22/11 Page 1 of 4 PageID #: 1772
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CORNELL UNIVERSITY, ET AL.,
Civil Action No. 10-0433-LPS-CJB
ORDER SCHEDULING ADR TELECONFERENCE
At Wilmington this 22nd day of August, 2011.
IT IS ORDERED that a teleconference has been scheduled for Friday,
September 2, 2011, at 11:00 a.m. with Magistrate Judge Burke to discuss the types of
alternative dispute resolutions (“ADR”) available in this case, including mediation, and the
scheduling of and procedures involved with the ADR process. Plaintiff’s counsel shall initiate
the teleconference call to 302-573-4595.
IT IS FURTHER ORDERED that counsel and the parties are required to review
and be prepared to discuss during the teleconference the attached “Teleconference Preparation
Requirements.” Counsel and the parties shall also review and be prepared to discuss during the
teleconference the “Form Order Governing Mediation Conferences and Mediation Statements,” a
copy of which is posted under the “Forms” tab on Magistrate Judge Burke’s section of the
Court’s website. Counsel shall advise the Court during the teleconference of any proposed
modifications to that Order.
Case 1:10-cv-00433-LPS Document 65 Filed 08/22/11 Page 2 of 4 PageID #: 1773
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/ Christopher J. Burke
CHRISTOPHER J. BURKE
UNITED STATES MAGISTRATE JUDGE
Case 1:10-cv-00433-LPS Document 65 Filed 08/22/11 Page 3 of 4 PageID #: 1774
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.
The parties’ interest in ADR and the type of ADR (e.g., mediation;
arbitration, binding or non-binding, with or without high/low; neutral evaluation; summary or
mini bench or jury proceeding).
The timing of any ADR process.
The availability of counsel, the parties and/or their decision makers.
The length of time needed for the scheduled ADR process (e.g., more than
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 workers’
compensation lienholders, excess carriers, or unsecured creditors in bankruptcy adversary
proceedings. Note: If any non-party’s interest would likely prevent a resolution if not a
participant in the selected ADR process, or if counsel or a party feels that inclusion of a non-
party 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
Any ancillary litigation pending/planned which could affect the ADR
process in this case, including companion cases filed in this Court or other courts, and arbitration
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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 negotiable or limited by governmental regulations or statutes (federal, state
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 completed by the time of the teleconference, counsel shall have an understanding of
the type of information, reports, data and/or discovery that should be made available or be
completed before ADR occurs.
The Court’s Form Order Governing Mediation Conferences and