Case 1:13-cv-00919-LPS Document 205 Filed 01/23/20 Page 1 of 5 PageID #: 6224
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ARENDI S.A.R.L.,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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` ) Civil Action No. 13-919-LPS
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`ORDER SCHEDULING ADR TELECONFERENCE
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`At Wilmington this 23rd day of January, 2020.
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`IT IS ORDERED that a teleconference has been scheduled for Tuesday, February
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`18, 2020 at 11:00 a.m. with Magistrate Judge Burke to discuss the types of alternative dispute
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`resolutions (“ADR”) available in this case, including mediation, and the scheduling of and
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`procedures involved with the ADR process. Plaintiff(s) counsel shall initiate the teleconference
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`call to 302-573-4595.
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`IT IS FURTHER ORDERED that counsel and the parties are required to review the
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`attached “Teleconference Preparation Requirements” and that counsel should be prepared to discuss
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`that document during the teleconference Counsel and the parties shall also review the “Form Order
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`Governing Mediation Conferences and Mediation Statements,” a copy of which is posted under the
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`“Forms” tab on Magistrate Judge Burke’s section of the Court’s website, and counsel should also
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`be prepared to discuss this document during the teleconference. Counsel shall advise the Court
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`during the teleconference of any proposed modifications to that Order.
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`Local counsel are reminded of their obligations to inform out-of-state counsel of
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`Case 1:13-cv-00919-LPS Document 205 Filed 01/23/20 Page 2 of 5 PageID #: 6225
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`this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any
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`problems regarding compliance with this Order.
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` s/ Christopher J. Burke
`UNITED STATES MAGISTRATE JUDGE
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`TELECONFERENCE PREPARATION REQUIREMENTS
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`The following are some areas that the Court may focus on during the teleconference (if
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`applicable). Counsel are required to be prepared to discuss these areas and shall advise the Court
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`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 the parties would prefer.
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`Below is a brief description of the types of confidential ADR offered by the Court.
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`a. Mediation: Mediation is the form of ADR provided by the Court in most
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`cases. Here, Judge Burke acts as a neutral third party and facilitates discussions amongst the
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`parties in order to assist them in finding a mutually acceptable resolution of the case. Unless
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`there is agreement to do otherwise, Judge Burke will meet with the parties separately, in a back-
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`and-forth fashion. In those individual meetings, he engages in some discussion of the strengths
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`and weaknesses of the parties’ claims and defenses, and attempts to emerge with a revised
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`settlement proposal to present to the other side. The goal is to end the mediation with an
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`agreement to all material terms of a settlement, and a clear understanding as to how the parties
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`will work together to draft and execute a final settlement agreement.
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`b. Early Neutral Evaluation: In an early neutral evaluation, Judge Burke will
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`receive presentations from each side (oral or written, or both) as to the one or two key issues in a
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`case. Thereafter, he will review the parties’ legal and factual arguments as to those issues, and
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`orally provide the parties with a detailed, non-binding assessment of the issue(s) and the
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`strengths and weaknesses of each side’s presentation. Early neutral evaluation is generally used
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`early in a case in order to streamline the litigation, and may lead to a future mediation.
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`c. Arbitration: In an arbitration, Judge Burke will participate in a hearing
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`attended by counsel and their clients, and will hear adversarial presentations by each side.
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`Thereafter, he will issue a decision based on the facts and applicable law. The parties may
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`accept the decision, in which case it becomes the judgment of the Court, or may request a trial de
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`novo. Arbitrations generally occur after at least core discovery has been completed.
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`d. Summary Bench Trial or Mini-trial: In a summary bench trial/mini-trial,
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`each side presents a streamlined version of its case to Judge Burke (e.g., each side makes an
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`opening statement, presents no more than two witnesses, offers other evidence and makes a
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`closing argument). Judge Burke thereafter provides a verdict to the parties, and the parties may
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`agree in advance to be bound by that verdict. A summary bench trial/mini-trial is generally used
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`after discovery is complete, but where the parties wish to avoid the expense and time associated
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`with the remainder of the pre-trial, trial and post-trial process.
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`2.
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`The timing of any ADR process (that is, the point in the case schedule where each
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`party believes that it would be most efficient for the court to engage in one of the above forms of
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`ADR).
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` 3.
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`The availability of counsel, the parties and/or their decision-makers for ADR.
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`4.
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`The length of time needed for the scheduled ADR process (e.g. whether the court
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`should devote a full day—i.e., 10:00 a.m. to 5:00 p.m.—to ADR, or whether the case is such that
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`a half-day—i.e., 9:00 a.m. to 1:00 p.m. or 1:00 p.m. to 5:00 p.m.—is more appropriate).
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`5.
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`The identities of any non-parties who have an interest or influence on the
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`outcome of the litigation, and whether they were notified by counsel or the parties of the
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`teleconference. Such non-parties might include: (1) health care or workers’ compensation
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`lienholders, (2) excess carriers, (3) unsecured creditors in bankruptcy adversary proceedings, or
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`(4) indemnifying parties. If any non-party’s interest would likely prevent a resolution if the non-
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`party were not a participant in the selected ADR process, or if counsel or a party feels that
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`inclusion of a non-party may be necessary for an effective ADR process to occur, then counsel or
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`the party shall advise the non-party or its representative of the date and time of the
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`teleconference, and encourage them to participate.
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`6.
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`Any ancillary litigation (pending or planned) that could affect the ADR process in
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`this case. These include arbitration proceedings or related cases filed in this Court or other
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`courts.
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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 matter.
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`The identification of any outstanding liens, the amounts verified, and whether the
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`liens are negotiable or limited by governmental regulations or statutes (federal, state or local).
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`9.
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`The identification of other information required to appropriately and reasonably
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`value this matter prior to the ADR process selected. If the information will not be available or
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`completed by the time of the teleconference, counsel shall have an understanding of the type of
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`information, reports, data and/or discovery that should be made available or be completed before
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`ADR occurs.
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`10.
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`The Court’s form Order Governing Mediation Conferences and Mediation
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`Statements.
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