Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 1 of 7 PageID #: 2385
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`: C. A. No. 19-1410-MN
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`VB ASSETS, LLC,
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`v.
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`Plaintiff,
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`AMAZON.COM, INC., AMAZON.COM
`LLC, AMAZON WEB SERVICES, INC.,
`A2Z DEVELOPMENT CENTER, INC.,
`D/B/A LAB126, RAWLES LLC, AMZN
`MOBILE LLC, AMZN MOBILE 2 LLC,
`AMAZON.COM SERVICES, INC. F/K/A
`AMAZON FULFILLMENT SERVICES,
`INC, and AMAZON DIGITAL SERVICES
`LLC,
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`Defendants.
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`ORDER GOVERNING IN-PERSON OR VIDEO CONFERENCE
`MEDIATION AND MEDIATION STATEMENTS
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`THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH SHOULD
`BE READ BY COUNSEL PRIOR TO PREPARATION OF A MEDIATION
`STATEMENT.
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`At Wilmington this 3rd day of January, 2022.
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`IT IS ORDERED that:
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`MEDIATION CONFERENCE
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`1.
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`An in-person mediation conference is scheduled for Thursday, May 12, 2022
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`beginning at 10:00 a.m. Eastern Time. All required participants (see ¶ 2) are to report at
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`this time to Courtroom 2B and are to remain available until excused by the Court. Dress
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`for the mediation is business casual. It is counsel’s responsibility to notify Judge Thynge
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`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`::
`
`::
`
`: C. A. No. 19-1410-MN
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`::
`
`:
`
`VB ASSETS, LLC,
`
`v.
`
`Plaintiff,
`
`AMAZON.COM, INC., AMAZON.COM
`LLC, AMAZON WEB SERVICES, INC.,
`A2Z DEVELOPMENT CENTER, INC.,
`D/B/A LAB126, RAWLES LLC, AMZN
`MOBILE LLC, AMZN MOBILE 2 LLC,
`AMAZON.COM SERVICES, INC. F/K/A
`AMAZON FULFILLMENT SERVICES,
`INC, and AMAZON DIGITAL SERVICES
`LLC,
`
`Defendants.
`
`ORDER GOVERNING IN-PERSON OR VIDEO CONFERENCE
`MEDIATION AND MEDIATION STATEMENTS
`
`THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH SHOULD
`BE READ BY COUNSEL PRIOR TO PREPARATION OF A MEDIATION
`STATEMENT.
`
`At Wilmington this 3rd day of January, 2022.
`
`IT IS ORDERED that:
`
`MEDIATION CONFERENCE
`
`1.
`
`An in-person mediation conference is scheduled for Thursday, May 12, 2022
`
`beginning at 10:00 a.m. Eastern Time. All required participants (see ¶ 2) are to report at
`
`this time to Courtroom 2B and are to remain available until excused by the Court. Dress
`
`for the mediation is business casual. It is counsel’s responsibility to notify Judge Thynge
`
`
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 2 of 7 PageID #: 2386
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`by email, with a copy to the Judge’s law clerk, Daniel Taylor, should the matter settle prior
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`to the mediation date.
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`(a)
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`For any authorized email communications between Chief Magistrate
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`Judge Thynge and counsel/parties, Judge Thynge’s
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`law clerk, Daniel Taylor
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`(daniel_taylor@ded.uscourts.gov), shall be copied.
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`(b)
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`Should the mediation be cancelled, counsel shall advise the Judge and
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`her law clerk via joint email prior to Thursday, April 21, 2022.
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`(c)
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`Should counsel and their clients wish to proceed in a video/virtual
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`format, counsel shall advise the Judge and her law clerk on or before Thursday, April 28,
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`2022 at 5:00 p.m. in a single, joint email. Counsel shall determine who will be responsible
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`for sending this joint email.
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`(d)
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`Should the mediation be converted to a video/virtual format, the
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`logistics for video/virtual mediation shall be as follows: unless counsel otherwise agree,
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`Plaintiff shall arrange for a video conference link for a joint discussion line for the Judge and
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`all counsel to use during the mediation session. This link should be available throughout
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`the mediation session should the Judge wish to have discussions with all counsel/parties.
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`Plaintiff shall also arrange for a separate video conference link for private discussions with
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`the Judge throughout the mediation session. Defendants shall arrange for a separate video
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`conference link for private discussions with the Judge throughout the mediation session.
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`Counsel for Plaintiff shall provide by email to the Judge, with a copy to her law clerk, Daniel
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`Taylor, the Joint video conference link and Plaintiff’s video conference link no later than
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`and no earlier than Tuesday, May 10, 2022 at 5:00 p.m. Eastern Time. Counsel for
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`2
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 3 of 7 PageID #: 2387
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`Defendants shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor,
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`the defense video conference link no later than and no earlier than Tuesday, May 10,
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`2022 at 5:00 p.m. Eastern Time. These emails shall include the links, along with
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`instructions on how to join the video conference for each conference line. If easier or more
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`convenient for counsel, the virtual information may be included in a single email.
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`Any platform/service, e.g., Zoom, Team Speak, Skype, Trial Graphix may be
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`used.
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`REQUIRED PARTICIPANTS
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`2.
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`Each party must be represented at the mediation teleconference by the
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`following required participants: (a) trial counsel; (b) counsel who is/are familiar with the
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`case; and (c) the party/parties and/or decisionmaker(s) of the parties, who must have full
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`authority to act on behalf of the parties, including the authority to negotiate a resolution of
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`the matter and to respond to developments during the mediation process. Full authority
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`means that those participants on behalf of a party should be able to make independent
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`decisions and have a knowledge or understanding of the dispute and/or the business
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`objectives/operations of their company to generate and consider solutions and/or to be able
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`to address the negotiation dynamics in mediation. It is not just settlement authority, that
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`is, to make an offer or to accept an amount.
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`Attendance at the mediation conference by those participants described herein is
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`required unless otherwise authorized by the Court. Any request to modify this requirement
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`shall be made in writing to the Chief Magistrate Judge, with a copy to all counsel, no later
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`than fourteen (14) days before the mediation conference.
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`3
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 4 of 7 PageID #: 2388
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`CONTACT INFORMATION FOR REQUIRED PARTICIPANTS
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`3.
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`(a)
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`No later than the date on which mediation statements are due (see
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`¶ 4 below), counsel shall email to the court in a writing separate from the mediation
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`statement for each attorney who will be participating in the mediation teleconference: (i) a
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`direct dial telephone work number, (ii) a cell or home telephone number, and (iii) an
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`electronic mail address where the attorney can be regularly reached.
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`EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION
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`(b)
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`No later than the date on which the mediation statements are due
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`(see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-
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`attorney representatives, who will be attending the mediation on behalf of their party, to the
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`opposing party or parties.
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`CONFIDENTIAL MEDIATION STATEMENTS
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`4.
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`On or before Thursday, April 28, 2022 by no later than 3:30 p.m., AN
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`ORIGINAL and ONE COPY of a confidential mediation statement containing all of the
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`information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge. The
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`mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers,
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`but shall be delivered to the Clerk’s Office in an envelope addressed to Chief U. S.
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`Magistrate Judge Mary Pat Thynge and marked “CONFIDENTIAL MEDIATION
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`STATEMENT.” The statements shall not be exchanged among the parties or counsel
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`(unless the parties so desire), shall not be provided to the trial judge, and shall not become
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`part of the record in this matter. Mediation statements shall NOT be electronically filed
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`since they are not part of the Court record.
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`4
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 5 of 7 PageID #: 2389
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`5.
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`The mediation statements may be in memorandum or letter form. They must
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`be double-spaced, single-sided, in no less than a 12-point font, and no longer than twenty
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`(20) pages. PAGES MUST BE NUMBERED.
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`6.
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`Unless otherwise ordered, the mediation statements must contain each of
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`the following headings and must contain a discussion of each of the topics described
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`below:
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`(a)
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`“The Parties”: provide a description of who the parties are, their
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`relationship, if any, to each other, and by whom each party is represented, including the
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`identity of all individuals who will be participating on behalf of a party during the mediation
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`conference.
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`(b)
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`“Factual Background”: provide a brief factual background, clearly
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`indicating which material facts are not in dispute and which material facts remain in dispute.
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`(c)
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`“Summary of Applicable Law”: provide a brief summary of the law,
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`including applicable statutes, cases and standards. Copies of any unreported decisions
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`(including decisions from this jurisdiction) that counsel believes are particularly relevant
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`should be included as exhibits (see ¶ 7).
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`(d)
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`“Honest Discussion of Strengths and Weaknesses”: provide an
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`honest discussion of the strengths and weaknesses of the party's claims and/or defenses.
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`(e)
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`“Settlement Efforts”: provide a brief description of prior settlement
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`negotiations and discussions, including the most recent offers or demands exchanged
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`between the parties and the reasons for rejection, and the party's assessment as to why
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`settlement has not been reached.
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`5
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 6 of 7 PageID #: 2390
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`(f)
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`“Settlement Proposal”: describe the party's proposed term(s) for a
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`resolution, including the rationale for the term(s). Identify the essential terms for
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`settlement, if any, and discuss terms that cannot be comprised with a brief explanation as
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`to why. Identify any interests or issues not directly involved in this matter that may
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`frustrate or further settlement. If the party has any suggestions as to how the Court may
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`be helpful in reaching a resolution, such suggestions should also be described.
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`(g)
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`“Fees and Costs”: list separately each of the following: (i) attorneys’
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`fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith
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`estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled;
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`and (iv) good faith estimate of additional other fees and costs to be incurred if this matter
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`is not settled.
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`In addition to the required topics described above, and provided that the mediation
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`statement complies with the page limit stated above, counsel are encouraged to address
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`any other matter they believe may be of assistance to the Court.
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`7.
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`Crucial or pertinent documents may be submitted as exhibits to the mediation
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`statement. Exhibits shall also be single-sided only and must be tabbed.
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`CONFIDENTIALITY
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`8.
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`The contents of the mediation statements and the mediation
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`teleconference discussions, including any resolution or settlement, shall remain
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`confidential, shall not be used in the present litigation nor any other litigation
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`(whether presently pending or filed in the future), and shall not be construed as nor
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`constitute an admission. Breach of this provision shall subject the violator to
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`6
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`Case 1:19-cv-01410-MN Document 107 Filed 01/03/22 Page 7 of 7 PageID #: 2391
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`sanctions.
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`EX PARTE CONTACTS
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`9.
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`Before, during, and after the scheduled in-person or virtual mediation
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`conference, the Court may find it necessary and useful to communicate with one or more
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`parties outside the presence of the other party or parties.
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`OBLIGATION OF GOOD FAITH PARTICIPATION
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`10.
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`The required participants shall be available and accessible throughout the
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`mediation process. The parties' full and good faith cooperation with the mediation process
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`is required. In particular, both the lawyers and the party representatives are expected to
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`be fully prepared to participate. All participants are encouraged to keep an open mind in
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`order to reassess their previous positions and to find creative means for resolving the
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`dispute.
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`AVOIDANCE OF SANCTIONS
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`11.
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`All counsel are reminded of their obligations to read and comply with
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`this Order. Delaware counsel are reminded of their obligations to inform out-of-state
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`counsel 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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`7
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