`
`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`BAXTER HEALTHCARE CORPORATION, :
`:
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`Plaintiff,
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`::
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`: C. A. No. 18-303-RGA
`:
`
`::
`
`:
`
`v.
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`HOSPIRA, INC. and ORION CORP.,
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`Defendants.
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`ORDER SCHEDULING ADR TELECONFERENCE
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`At Wilmington this 1st day of May, 2018.
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`IT IS ORDERED that a teleconference has been scheduled for Monday, May
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`21, 2018 at 10:00 a.m. Eastern Time with Chief Magistrate Judge Thynge to discuss the
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`scheduling of, the procedures involved, and the types of alternative dispute resolutions
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`available, including mediation. Plaintiff’s counsel shall initiate the teleconference call
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`to 302-573-6173.
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`IT IS FURTHER ORDERED that counsel and the parties are required to
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`review and be prepared to discuss during the teleconference the attached “Teleconference
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`Preparation Requirements” and the “Order Governing Mediation Conferences and
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`Mediation Statements,” a copy of which is posted under Chief Magistrate Judge Thynge’s
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`Forms on the Court’s website. Counsel shall advise the Court during the teleconference of
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`any proposed modifications to that Order.
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`IT
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`IS FURTHER ORDERED
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`that any communication
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`regarding
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`mediation/ADR in this matter must be made to Judge Thynge’s chambers, and any such
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`
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`Case 1:18-cv-00303-RGA Document 22 Filed 05/01/18 Page 2 of 4 PageID #: 604
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`communication, including, but not limited to the scheduling or rescheduling of
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`teleconference or mediation dates, is not to be efiled or docketed. Such communications
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`must be made through letters delivered to the Clerk’s Office for Judge Thynge’s Chambers,
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`by fax to Chambers or by email to Judge Thynge and Cathleen Kennedy, unless directed
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`or ordered otherwise.
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`Local counsel are reminded of their obligations to inform out-of-state counsel
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`of this Order. To avoid the imposition of sanctions, counsel shall advise the Court
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`immediately of any problems regarding compliance with this Order.
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`/s/ Mary Pat Thynge
`Chief U.S. Magistrate Judge
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`
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`Case 1:18-cv-00303-RGA Document 22 Filed 05/01/18 Page 3 of 4 PageID #: 605
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`TELECONFERENCE PREPARATION REQUIREMENTS
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`The following are some areas that the Court will focus upon during the
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`teleconference, if applicable. Counsel are required to be prepared to discuss these areas
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`and shall advise the Court of other issues that may affect ADR.
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`1.
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`The parties’ interest in ADR and the type of ADR (e.g., mediation;
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`arbitration, binding or non-binding, with or without high/low; neutral evaluation; summary
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`or mini bench or jury proceeding).
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`2.
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`3.
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`4.
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`than one day).
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`The timing of any ADR process.
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`The availability of counsel, the parties and/or their decision makers.
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`The length of time needed for the scheduled ADR process (e.g., more
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`5.
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`The identities of any non-parties who have an interest or influence on
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`the outcome of the litigation, and whether they were notified by counsel or the parties of the
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`teleconference. For example, such non-parties would include health care or workers’
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`compensation lienholders, excess carriers, unsecured creditors in bankruptcy adversary
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`proceedings, or potential indemnitors. Note: If any non-party’s interest would likely
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`prevent a resolution if not a participant in the selected ADR process, or whom counsel or
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`a party feels may be necessary for an effective ADR process to occur, then counsel or the
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`party shall advise the non-party or its representative of the date and time of the
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`teleconference and their required participation.
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`6.
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`Any ancillary litigation pending/planned which could affect the ADR
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`process in this case, including companion cases filed in this Court or other courts, and
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`arbitration proceedings.
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`
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`Case 1:18-cv-00303-RGA Document 22 Filed 05/01/18 Page 4 of 4 PageID #: 606
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`matter.
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`7.
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`8.
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`Previous efforts, if any, by the parties or their counsel to resolve this
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`The identification of any outstanding liens, the amounts verified, and
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`whether the liens are negotiable or limited by governmental regulations or statutes (federal,
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`state or local).
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`9.
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`The identification of other information required to appropriately and
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`reasonably value this matter prior to the ADR process selected. If the information will not
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`be available or completed by the time of the teleconference, counsel shall have an
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`understanding of the type of information, reports, data and necessary discovery before
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`ADR should occur.
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`10.
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`The Court’s Form Order Governing Mediation Conferences and
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`Mediation Statements.
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