Address: J. Caleb Boggs Federal Building 844 N. King Street Unit 8 Room 2124 Wilmington, DE 19801-3555
Courtroom: 2B
Judicial Administrator: Cathie Kennedy - Civil Matters (Questions re mediations, equipment requests, docketing, courtroom set-up, etc.) Phone: 302-573-6173 Courtroom Deputy: Keith Kincaid - Criminal Matters Phone: 302-573-6128 Permanent Law Clerk: Robert Anderson
Should the parties stipulate or otherwise request to have their dispositive motion deadline extended, and a trial date is currently set on the court's calendar in the case, the parties may lose their trial date upon the court's granting the extension. If cancelled by the court, no new trial date will be given until the dispositive motion(s) have been decided.
* The Court is inclined to reference state jury instructions when dealing with state law issues.
** As directed in the Trial Management Order and the Local Rules of this jurisdiction, only a single joint submission of proposed jury instructions with counter-proposals by each party is to be filed. The Court will not accept separate filings by each party of proposed jury instructions. Only a limited explanation, with limited case citations in support of the competing proposals (that is, a short and to the point explanation for support of the proposed instruction or the basis of the objection) is allowed.
*** Proposed voir dire by each party, subject to the limitation of no more that a total of ten (10) additional voir dire questions by each side, is to be filed in a joint submission. The Court will not accept separate filings by each party of proposed voir dire.
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When a matter is referred to Judge Thynge for mediation purposes only, neither Judge Thynge, nor her Chambers, will receive a Notice of Electronic Filing (NEF) for ANY filings, which would include letters requesting to reschedule or cancel a mediation or a teleconference, made by any party.
OVERVIEW OF MEDIATION/ADR PROCESSES
CASE SELECTION
Eligible Cases: All civil cases, except prisoner petitions and habeas proceedings, may elect to use ADR.
Excluded Cases: Unless otherwise assigned by a judge, prisoner and habeas petitions are excluded.
Referral Method/Notice to Parties
Any civil action may also be referred on the Court’s own motion or by stipulation of the parties.
After referral has been made, the magistrate judge will notify the parties through an order as to the date and time of a teleconference to discuss the form of alternative dispute resolution to be used, the procedures to be followed, including the submission of materials for review prior to the dispute resolution conference, and the timing for that conference. Dispute resolution conferences will not be scheduled prior to the Rule 16 scheduling conference, unless referred or ordered by the district judge.
Parties may opt out of participating in the ADR process only by consent of the Court.
THE KEY FEATURES OF THE MEDIATION PROCESS
The Parties: provide a description of who the parties are, their relationship, if any, to each other, and by whom each party is represented, including the identity of all individuals who will be participating on behalf of a party during the mediation conference.
Factual Background: provide a brief factual background, clearly indicating which material facts are not in dispute and which material facts remain in dispute.
Summary of Applicable Law: provide a brief summary of the law, including applicable statutes, cases and standards. Copies of any unreported decisions (including decisions from this jurisdiction) that counsel believes are particularly relevant should be included as exhibits.
Honest Discussion of Strengths and Weaknesses: provide an honest discussion of the strengths and weaknesses of the party's claims and/or defenses.
Settlement Efforts: provide a brief description of prior settlement negotiations and discussions, including the most recent offers or demands exchanged between the parties and the reasons for rejection, and the party's assessment as to why settlement has not been reached.
Settlement Proposal: describe the party's proposed term(s) for a resolution. Identify any interests or issues not directly involved in this matter that may frustrate or further settlement. If the party has any suggestions as to how the Court may be helpful in reaching a resolution, such suggestions should also be described.
Fees and Costs: list separately each of the following: (i) attorneys’ fees and costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of additional other fees and costs to be incurred if this matter is not settled.
In addition to addressing the topics listed above, the parties are encouraged to include other information that may be of assistance to the resolution process.
Crucial or pertinent documents or other similar evidence or a summary of such documents may be submitted with the mediation conference statement.
Full Authority: means that those participants on behalf of a party should be able to make independent decisions and have a knowledge or understanding of the dispute and/or business objectives/operations of their company to generate and consider solutions and/or be able to address the negotiation dynamics in mediation. Full authority is not just settlement authority.
Parties who fail to appear may be subject to a rule to show cause and sanctions.
If settlement is reached on all issues during the mediation conference, a written agreement in principle regarding the settlement terms may be drafted or a record of the agreement may be made through a court reporter.
If settlement is reached on some issues, a stipulation of dismissal on those issues should be filed as soon as conveniently possible, which also identifies those issues which remain. The magistrate judge retains jurisdiction over any disputes that may arise in drafting of the final settlement documents.
WiFi Access: Permission to obtain WiFi access will only be given for the date(s) of mediation. Since only one login and one password will be provided, all counsel requesting WiFi are to contact counsel for plaintiff(s), who in turn will submit one request through the Court’s website. Permission will not be given if the request is not timely made. The WiFi login and password will be provided on the mediation date. Do not call chambers to request this information ahead of time. It is the responsibility of Delaware counsel for plaintiff(s) to complete and submit the required form on the website to obtain authorization.
Failure to submit the request in accordance with the Court’s website will result in the request being denied.
Consent to Magistrate Judge in Relationship to Visiting Judge
Should the parties consent to Chief Magistrate Judge Thynge’s jurisdiction to conduct all proceedings in a VAC case, then, consistent with 28 U.S.C. § 636, all matters in the case, including the Pretrial Conference and Trial, will be presided over by Judge Thynge. Otherwise, in accordance with the District Court’s procedures for “Assignment of Cases to Visiting Judges (issued May 26, 2017 and available on the District Court’s website), upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be reassigned to a visiting District Judge, and any further dates in the Scheduling Order, including the Pretrial Conference and Trial dates, may be adjusted dependent on the availability of the visiting District Judge.
