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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 11-797-RGA
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`FASTVDO LLC,
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`Plaintiff,
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`v.
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`APPLE INC. et al,
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`Defendants.
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`ORDER SCHEDULING ADR TELECONFERENCE
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`At Wilmington this 16 day of May, 2012.
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`IT IS ORDERED that a teleconference has been scheduled for Wednesday, May
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`30, 2012, at 11:00 a.m. with Magistrate Judge Fallon 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
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`teleconference call to 302-573-4557.
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`IT IS FURTHER ORDERED that counsel and the parties are required to review
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`the attached “Teleconference Preparation Requirements” and that counsel should be prepared to
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`discuss that document during the teleconference Counsel and the parties shall also review the
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`“Form Order Governing Mediation Conferences and Mediation Statements,” a copy of which is
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`posted under the “Forms” tab on Magistrate Judge Fallon’s section of the Court’s website, and
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`counsel should also be prepared to discuss this document during the teleconference. Counsel
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`shall advise the Court 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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`this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of
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`Case 1:11-cv-00797-RGA Document 141 Filed 05/16/12 Page 2 of 4 PageID #: 918
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`any problems regarding compliance with this Order.
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` /s/ Sherry R. Fallon
`UNITED STATES MAGISTRATE JUDGE
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`Case 1:11-cv-00797-RGA Document 141 Filed 05/16/12 Page 3 of 4 PageID #: 919
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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 and shall
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`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 or
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`mini bench or jury proceeding).
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`2.
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`3.
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`4.
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`5.
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`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 than
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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. For example, such non-parties would include health care or workers’
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`compensation lienholders, excess carriers, or unsecured creditors in bankruptcy adversary
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`proceedings. Note: If any non-party’s interest would likely prevent a resolution if not a
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`participant in the selected ADR process, or if counsel or a party feels that inclusion of a non-
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`party may be necessary for an effective ADR process to occur, then counsel or the party shall
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`advise the non-party or its representative of the date and time of the teleconference and their
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`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 arbitration
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`proceedings.
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`Case 1:11-cv-00797-RGA Document 141 Filed 05/16/12 Page 4 of 4 PageID #: 920
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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, state
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`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 be
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`available or completed by the time of the teleconference, counsel shall have an understanding of
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`the type of information, reports, data and/or discovery that should be made available or be
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`completed before ADR occurs.
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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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