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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.,

Plaintiffs,

v.

ILLUMINA INC.,

Defendant.

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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.

1.

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).

2.

3.

4.

5.

one day).

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

required participation.

6.

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

proceedings.

Case 1:10-cv-00433-LPS Document 65 Filed 08/22/11 Page 4 of 4 PageID #: 1775

matter.

7.

8.

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

or local).

9.

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.

10.

The Court’s Form Order Governing Mediation Conferences and

Mediation Statements.