“Meeting the Expectations of the Court” Superior...

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“Meeting the Expectations of the Court” Superior Court

Click on any item to view associated materials Biographies of Speakers

The Honorable Vivian L. Medinilla, Judge, Superior Court of Delaware Jason C. Jowers, Esquire, Morris James LLP Natalie S. Woloshin, Esquire, Woloshin, Lynch & Associates, P.A.

Webpage to the Superior Court of Delaware

http://courts.delaware.gov/superior/

Sample Forms *

ADR Evaluation Agreement to Mediate Arbitrator’s Order Certificate of Value CIS Criminal Materials Demand for Trial De Novo Form 30 IG Mediation Conference Statement Praecipe

http://courts.delaware.gov/superior/

2

Pro Hac Vice Protective Order Sample Trial Scheduling Orders Settlement Confirmation Letter Immediate Sentencing Order Plea Agreement

* The forms included herein are samples only and may not be appropriate for any particular matter.

Vivian L. Medinilla

The Honorable Vivian L. Medinilla was appointed to the Superior Court by Governor Jack A. Markell and began serving February 5, 2013.

Judge Medinilla received her J.D., cum laude, from the Widener University School of Law and her B.S. in Business Administration, with a minor in International Business, from the University of Delaware.

From 2004-2009, she served as president and owner of Rapposelli & Gonzales, the state's first law firm comprised entirely of bi-lingual and multi-lingual attorneys, where her practice included immigration and civil rights litigation. Previously, she served as an associate at Young Conaway Stargatt & Taylor LLP, where she practiced in the areas of personal injury, worker's compensation and medical malpractice, and as a supervising attorney at Delaware Volunteer Legal Services.

Prior to her appointment, she served as Cabinet Secretary for the Department of Services for Children, Youth & Their Families. As the cabinet secretary she led the agency to focus on prevention efforts in child welfare, juvenile justice, and behavioral and mental health systems. She also led the State's initiative in early childhood education.

She served on the Board of Overseers and taught as an Adjunct Professor for the Widener University School of Law. She also served on the Board of Directors for Junior Achievement of Delaware and the Board of Directors for the Delaware Community Foundation. She was a commissioner for the Child Protection Accountability Commission (CPAC), the Domestic Violence Coordinating Council and served on the Governor's Steering Committee for the Protection of Children. She was also appointed by the Governor, as the first chair of the newly formed Delaware Hispanic Commission. Currently, she serves on the Executive Committee for the Delaware State Bar Association and sits on the Board of Trustees for Salesianum School.

She was the 2009 Recipient of the Haskell/Wyeth Award by Delaware Futures, the 2010 Recipient of the Distinguished Hispanic Delawarean Award by the Latin American Community Center, and inducted into the 2012 Delaware Women's Hall of Fame.

Judge Medinilla's present term ends February 5, 2025.

w w w. m o r r i s j a m e s . c o m

Jason C. JowersPartner T: 302.888.6860 F: 302.571.1750

[email protected]

500 Delaware Avenue, Suite 1500PO Box 2306Wilmington, DE 19899-2306

Benchmark Litigationreports that Jason “receivesregular praise from clientsfor the high quality of hiswork.” One client interviewed byBenchmark Litigationcommented that Jason“drafted discovery, tookdepositions, and examinedwitnesses at trial, all withgreat skill.”

Practice Areas

Alternative Entities

Business Litigation

Corporate and FiduciaryLitigation

Corporate GovernanceCounseling

Commercial Litigation

eDiscovery

Blog(s)

Delaware Business LitigationReport

Honors

Martindale-Hubbell, AV rating

Delaware Super Lawyers®,Business Litigation Rising Star,2013-2016

Under 40 Hot List, BenchmarkLitigation 2016

Jason C. Jowers’ practice focuses on corporate, alternative entity, andcommercial litigation. He primarily represents members and managersof LLCs, officers and directors of corporations, and companies in high-stakes litigation in the Delaware Court of Chancery, Delaware SuperiorCourt, Delaware Supreme Court, and United States District Court forthe District of Delaware. Additionally, Jason handles arbitrationsgoverned by the AAA Commercial Arbitration Rules, including casesgoverned by the Procedures for Large, Complex Commercial Disputes.He has led litigation teams in disputes involving mergers andacquisitions, corporate and LLC control issues, judicial dissolution, andcomplex commercial arrangements.

Jason is active in the Business Law Section of the American BarAssociation. He currently serves as the Chair of the Partnerships andAlternative Entities Sub-Committee of the Business and CorporateLitigation Committee. Jason also regularly authors articles relating toalternative entity litigation and corporate litigation issues, including forthe “Delaware Insider” section of Business Law Today.

In addition to his business litigation practice, Jason also regularlyhandles pro bono cases before the United States District Court for theDistrict of Delaware as a member of the Federal Civil Panel.

Jason C. Jowers

Experience● Disputes between managers and members of Delaware limited

liability companies

● Fiduciary duties of officers and directors of corporations andmembers and managers of alternative entities

● Inspection of books and records of Delaware companies

● Judicial dissolution of LLCs


Best Lawyers® 2017

Admissions

Delaware, 2005

Pennsylvania, 2005

Tennessee (inactive), 2005

United States District Court,District of Delaware

U.S. Court of Appeals, ThirdCircuit

Education

The George WashingtonUniversity Law School, J.D.,2003

Rhodes College, B.A., cumlaude, With Honors, 2000

● Material adverse effect and material adverse change clauses

● Complex contract disputes

● Director and officer liability insurance coverage claims

● Trade secret misappropriation

● Covenants not to compete

● Anti-suit injunctions

Professional AffiliationsABA Partnerships and Alternative Entities Sub-Committee of theBusiness and Corporate Litigation Committee, Chair

ABA's Business Law Today, Rotating Author for Delaware InsiderSection

Superior Court Complex Commercial Litigation Division AdvisoryCommittee, Court Appointed Member

Delaware Access to Justice Commission, Member of Subcommittee onJudicial Branch Coordination in Helping Pro Se Litigants

Richard S. Rodney Inn of Court, Barrister

Richard K. Herrmann Technology American Inn of Court, Barrister

Board of Bar Examiners, Delaware, Associate Member, 2008-2009

Delaware State Bar Association

Federal Civil Panel, U.S. District Court, District of Delaware

Community AffiliationsDelaware High School Mock Trial Competition, Chairman

Delaware Law Related Education Center, Board Member

Food Bank of Delaware, Board Member

Recent MattersBE&K Engineering Company, LLC v. RockTenn CP, LLCRepresented BE&K in action brought in Court of Chancery seekinganti-suit injunction. RockTenn filed action in Georgia for breach of anengineering contract and other claims arising out of or related to theengineering contract. The engineering contract contained a forumselection clause requiring claims arising out or related to the contractto be litigated in Delaware. Following expedited briefing, BE&Kobtained a preliminary injunction, which enjoined RockTenn’s

Jason C. Jowers (Continued)


prosecution of the claims against BE&K in Georgia. Subsequently, following BE&K’s motion for summary judgment,the Court of Chancery permanently enjoined RockTenn from prosecuting the claims it brought in Georgia againstBE&K that arise out of or relate to the engineering contract in any forum other than Delaware. The DelawareSupreme Court affirmed the Court of Chancery’s decision.

Newell Rubbermaid, Inc. v. Sandy StormRepresented Newell Rubbermaid in action brought in the Court of Chancery seeking a temporary restraining orderbarring Gracco’s former National Account Manager for Target from soliciting Target or using Newell’s confidentialinformation pursuant to restricted stock unit agreements. The case presented two novel issues under Delaware law.First, the RSU agreements were electronic “click-wrap” agreements, which are agreements one consents to onlineby clicking an “accept” button. The employee claimed not to have read the agreements. No court had ever decidedwhether click-wrap agreements are enforceable under Delaware law. Second, the employee was an at-will employeeand the RSUs vested in one third increments on the first, second, and third anniversaries of the RSU award. Somecases from other jurisdictions found consideration illusory because the employee could be terminated before theRSUs ever vested leaving the employee with nothing. Adopting Newell’s arguments, the Court determined that click-wrap agreements are enforceable under Delaware law, and that failing to read the terms of such an electronicagreement is no defense if the person clicks “accept.” The Court also found that RSU agreements with an at-willemployee that contain a vesting period are enforceable.

Behm v. AIGRepresented a former executive of an AIG entity in AAA Commercial Arbitration governed by the Large, ComplexCommercial Case Rules. Former executive claimed the company breached a series of LLC and LP agreements withthe executive that provided incentive compensation to him in the form of carried interest. Following expeditedelectronic discovery, Mr. Jowers and the trial team handled a two-week arbitration in New York, NY before a threemember panel. As reported on AIG’s 10-K, the arbitration panel awarded the former executive approximately $10.5million in damages and retained rights to certain future profit interest from the entities.

Terra Soil Farming LLC v. BIE Industries LLCDefended an oil and gas field service company and its owners in a breach of contract and fraud case brought in theDelaware Court of Chancery alleging a breach of a Material Adverse Effect clause. The plaintiff purchaser acquiredall of the sellers’ assets pursuant to an Asset Purchase Agreement. Eighteen months after the closing, the purchaserbrought an action alleging breach of the MAE clause in the Asset Purchase Agreement, as well as fraud, in partbased on one of the sellers’ key customers significantly reducing its business and shifting that business to one ofsellers’ competitors shortly after the purchaser acquired the sellers’ assets. The defendants denied theseallegations, arguing that they did not have knowledge that the customer intended to switch to a competitor and thatthe pre-closing facts did not indicate that a Material Adverse Effect had occurred. Following more than a year ofelectronic discovery, many depositions, and a successful motion in limine limiting the scope of potential damages,the case settled shortly before trial.

ABR Frontier Inc. v. M&B Aviation Holdings, LLCRepresented M&B Aviation Holdings, LLC in an action in the Court of Chancery brought by ABR Frontier. ABRsought the dissolution of Challenger 5445 LLC, in which both ABR and M&B were 50% holders. ABR also claimedbreach of fiduciary duty by M&B. M&B counterclaimed that ABR had breached its fiduciary duties. Following severalweeks of intense negotiations, the case settled before discovery began.



Simplexity, LLC v. ZeinfeldRepresented Simplexity in litigation in the Court of Chancery to enforce the terms of Simplexity’s former CEO’s non-compete agreement. After expedited briefing and preliminary injunction hearing, the Court found the non-competewas enforceable and enjoined the former CEO from taking on certain jobs with competitor.

Green v. LocatePlus Holdings, Corp.Obtained dismissal of breach of fiduciary duty claims brought in the Delaware Court of Chancery against LocatePlusdirectors for alleged wrongful dilution of shareholder’s shares. Also obtained dismissal of books and records actionbrought simultaneously against the company by the same shareholder.

Collins v. ChandlerRepresented pro bono an indigent prisoner who accused guard of using excessive force in violation of prisoner’sEighth Amendment right to be free from cruel and unusual punishment. Following a three day trial, the jury foundthat guard used excessive force and awarded both compensatory and punitive damages.

Elsmere Park Club, L.P. v. Town of ElsmereRepresented municipality in defense of action brought by plaintiff for violation of its constitutional rights. In an issueof first impression in the Third Circuit, the court found that a governmental body does not have to offer a pre-deprivation hearing if the governmental body reasonably believes an emergency exists.

Trade Secret MisappropriationAdvised Fortune 100 Company in dealing with possible trade secret misappropriation claims against formeremployees, including employees who allegedly sold secrets to Chinese entities.

Inspection of Books and Records of Non-Stock CorporationRepresented Delaware corporation in action to enforce its right as a member in a Delaware non-stock corporation toinspect the company’s books and records.

Articles & PublicationsWhen Deciding Whether to Judicially Dissolve an LLC, the Court May Find the “Purpose” of the LLC to Be DifferentThan What Is Stated in the LLC AgreementDecember 2015Business Law Today

The Increasing Role of Equity in Delaware LLC LitigationOctober 2015Business Law Today

Recent Developments in Business and Corporate Litigation, 2012-2015 EditionsChapter: General Partnerships, Joint Ventures, Limited Partnerships, and Limited Liability CompaniesAmerican Bar Association

Business Torts: A Fifty State Guide, 2007-2015 EditionsChapter: Delaware

Failure to Make Capital Contribution Does Not Necessarily Result in Reduction of Interest in LLC or LPDecember 2014Business Law Today


Natalie S. Woloshin, Esquire Ms. Woloshin is an attorney with Woloshin, Lynch & Natalie where her practice focuses on criminal defense. She defends criminal cases in all state courts in each county and also accepts court appointments for high-level felony cases including murder and gang-related cases. Ms. Woloshin also litigates cases in the Superior and Chancery Courts. Prior to entering into private practice, Ms. Woloshin was a Deputy Attorney General with the Attorney General’s Office in Delaware, where for over a decade she prosecuted drug, domestic violence, rape, gun violence and murder cases. Ms. Woloshin has tried well over 50 felony trials including several capital murder cases. Currently, Ms. Woloshin serves as co-chair of the Women and the Law Section of the Delaware State Bar Association. She is also a voting member on the Fairness Subcommittee of the Delaware Supreme Court’s Access to Justice Commission. In 2016, Ms. Woloshin was voted one of the Top Criminal Defense Attorneys in Delaware.

SUPERIOR COURT ADR EVALUATION ARBITRATION MEDIATION NEUTRAL ASSESSMENT

Dear ADR Practitioner:

To insure prompt payment of your ADR Practitioner’s fee, please return this evaluation with: Settlement Agreement, Arbitrator’s Order, Mediator’s or Neutral Assessor’s Report.

Type of ADR: Check one: Arbitration Mediation Neutral Assessment ADR Practitioner:

Date:

County: New Castle Kent Sussex

Bar I.D. No.:

Social Security No.:

Appointment Date:

C.A. No.:

Case Caption:

Arbitration Hearing Held Within 60 days: Yes No

Mediation Neutral Assessment

Hearing Held Within 120 days: Yes No Hearing Date (if applicable):

Length of Hearing: ______Hours _____Minutes

Did you conduct a teleconference prior to the hearing: Yes No If no hearing was held, please indicate the amount of non-hearing/preparation time you spent on this case: Hours _______ Minutes ______

Comments or Suggestions:

Signature:

Send to the assigned Judge’s Case Manager at: Office of the Prothonotary Office of the Prothonotary Office of the Prothonotary 500 North King Street 38 The Green The Circle Lower Level 1 - Suite 500 Dover, DE 19901 Georgetown, DE 19947 Wilmington, DE 19801-3746 If the case settles before the hearing date, return the questionnaire within five (5) days of settlement to assure payment for your non-hearing time.

Revised 8.21.03

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

COUNTY: NEW CASTLE KENT SUSSEX

)

Plaintiff(s) ) ) ) C.A. No. _______________________________

v. ) Defendant(s) )

) )

)

AGREEMENT TO MEDIATE

This is an agreement by the parties and their attorneys (if applicable), whose signatures appear below, to submit to mediation in the above-captioned matter. We understand that mediation is a voluntary process, which we may terminate at any time.

By signing this agreement, we indicate our awareness that mediation sessions and all materials prepared for mediation are confidential. Each party agrees to make no attempt to compel the mediator’s testimony against the other, nor to compel the mediator to produce any documents provided by the other party, nor to compel the other party to testify regarding statements made in mediation sessions. In no event will the mediator disclose confidential information provided during the course of the mediation or testify voluntarily on behalf of any party. The mediator may find it helpful to meet with each party separately; in this event, the mediator will not reveal what is said by one of us to the other(s) without permission.

We further agree that:

1. All parties, including a representative of the insurance carrier, if applicable, and the attorneys of all represented parties will attend the mediation sessions. No one else may attend without permission of all parties and the consent of the mediator;

2. The mediator will not function as the representative of or legal counsel to any party. Each

unrepresented party acknowledges having been encouraged to consult with an attorney prior to signing any agreement;

3. The mediator has the discretion to terminate mediation at any time if the mediator believes that

the case is inappropriate for mediation or that an impasse has been reached;

4. The only information relative to the mediation session(s) that will be reported to the Superior Court will be

1. the fact that mediation session(s) was actually held; and 2. whether the parties have reached an agreement or, in the alternative, whether

the case should continue routinely through the judicial process. No other type of report will be prepared by the mediator and submitted to any court in connection with this case.

(5) If a settlement is reached, the agreement shall be reduced to writing and, when signed, shall be binding upon all parties to the agreement and become part of the court record.

(6) The parties and their attorneys and/or representatives are bound by the confidentiality provisions of Superior Court Civil Rule 16.1(l)(2)(B) and the civil immunity provisions of Superior Court Civil Rule 16.1(n).

______________________________ ____________________________ Plaintiff Defendant ______________________________ ____________________________ Plaintiff’s Attorney Defendant’s Attorney ______________________________ ____________________________ Plaintiff Defendant

______________________________ ____________________________ Plaintiff’s Attorney Defendant’s Attorney ______________________________ ____________________________ Plaintiff Defendant ______________________________ ____________________________ Plaintiff’s Attorney Defendant’s Attorney _______________________________ ____________________________ Mediator Date

Revised 8.21.03

Arbitrator’s Order Civil Rule 16.1


: :

Plaintiff(s) : : C.A. No.: ___________________________

v. : :

Defendant(s) :

ARBITRATOR’S ORDER COUNTY: NEW CASTLE KENT SUSSEX

A hearing in the above action was held on: After consideration of the evidence, I find for plaintiff(s) defendant(s),

name(s): __________________________________________________________________________________ __________________________________________________________________________________________ and against the plaintiff(s) defendant(s), name(s): __________________________________________________________________________________ __________________________________________________________________________________________ in the amount of $ __________________ together with:

costs assessed against

plaintiff(s)

defendant(s)

equally among the parties

and interest.

The Arbitrator’s fee is not included as costs in this action.

I hereby certify that I have not examined and am not familiar with the amount of insurance coverage with respect to any claim. I further certify that I have mailed a copy of this Order to all parties and/or counsel in this action.

IT IS SO ORDERED. Dated: _____________________________________ Arbitrator’s Signature

All parties appeared at the hearing. All parties did not appear.

cc: Counsel & Pro Se Parties Revised 8.21.03

Certification of Value Civil Rule 16.1 Form 32

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COUNTY: NEW CASTLE KENT SUSSEX : _________________________ :

Plaintiff(s) : : C. A. No. _____________________________

: v. : :

: _________________________ :

Defendant(s) : Certification of Value

I, ___________________________________, Esquire, attorney for plaintiff(s), hereby certify in good faith at this time in my opinion that the sum of damages of all plaintiffs is in excess of $100,000.00, exclusive of costs and interests.

______________________________________ Attorney for Plaintiff(s)

DATED: _________________________

Revised 8.21.03

SUPERIOR COURT CIVIL CASE INFORMATION STATEMENT (CIS)

COUNTY: N K S CIVIL ACTION NUMBER:__________________________

Civil Case Code ___________ Civil Case Type _________________________________

(SEE REVERSE SIDE FOR CODE AND TYPE)

Caption:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

Name and Status of Party filing document:

_________________________________________

Document Type:(E.G.; COMPLAINT;ANSWER WITH COUN TERCLAIM )

_________________________________________Non-Arbitration __(CERTIFICATE OF VALUE MAY BE REQUIRED)

Arbitration __ Mediation __ Neutral Assessment __

DEFENDANT (CIRCLE ONE) ACCEPT REJECT

JURY DEMAND YES ____ NO ____

TRACK ASSIGNMENT REQUESTED (CIRCLE ONE)

EXPEDITED STANDARD COMPLEX

ATTORNEY NAME(S):

_______________________________________ATTORNEY ID (S):

_______________________________________FIRM NAME:

_______________________________________ADDRESS:

_______________________________________

_______________________________________TELEPHONE NUMBER:

_______________________________________FAX NUMBER:

_______________________________________E-MAIL ADDRESS:

_______________________________________

IDENTIFY ANY RELATED CASES NOW PENDING IN THE SUPERIOR COURT

BY CAPTION AND CIVIL ACTION NUMBER INCLUDING JUDGE’S INITIALS

________________________________________________

________________________________________________

EXPLAIN THE R ELATIONSH IP(S):

_______________________________________

_______________________________________

_______________________________________

_______________________________________OTHER UNUSUAL ISSUES THAT AFFECT CASE MANAGEMENT:

_______________________________________

_______________________________________

_______________________________________(IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH PAGE)

THE PROTHONOTARY WILL NOT PROCESS THE COMPLAINT, ANSWER , OR FIRST RESPO NSIVE PLEADIN G IN THIS MATTER FOR SE RVICE UNTIL

THE CASE INFORMATION STATEMENT (CIS) IS FILED. THE FAILURE TO FILE THE CIS AND HAVE THE PLEADING PROCESSED FOR SERVICE MAY

RESULT IN THE DISMISSAL OF THE COM PLAINT OR MAY RESULT IN THE ANS WER OR FIRST RESPONSIVE PLEADIN G BEING STRICKEN .

Revised 6/2002

Exhibit A (Continued)

SUPERIOR COURT CIVIL CASE INFORMATION STATEMENT (CIS)INSTRUCTIONS

CIVIL CASE TYPE

Please select the appropriate civil case code and case type (e .g., CODE - AADM and TYPE - Administrative Agency) from the list

below. Enter this information in the designated spaces on the Case Information Statement.

APPEALSAADM- Administrative AgencyACER - CertiorariACCP - Court of Common PleasAIAB - Industrial Accident BoardAPSC - Public Service CommissionAUIB - Unemployment Insurance Appeal Board

COMPLAINTSCASB - AsbestosCAAA - Auto Arb Appeal *CBEN - Benzene CasesCMIS - Civil MiscellaneousCACT - Class Action CCON - CondemnationCDBT - Debt/Breach of Contract *CDEJ - Declaratory Judgment CDEF - Defamation *CEJM - Ejectment CATT - Foreign & Domestic Attachment CFJG - Foreign Judgment *CFRD - Fraud EnforcementCINT - Interpleader CLEM - Lemon Law *CLIB - Libel *CMAL - Malpractice *CPIN - Personal Injury *CPIA - Personal Injury Auto *CPRL - Products Liability *CPRD - Property Damage *CRPV - Replevin CSBI - Silicone Breast Implant CSPD - Summary Proceedings DisputeCTAX - Tax Appeal CCCP - Transfer from CCP*CCHA - Transfer from Chancery *

INVOLUNTARY COMMITMENTSINVC- Involuntary Commitment

MISCELLANEOUSMAFF - Application for ForfeitureMAAT - Appointment of AttorneyMGAR - Appointment of GuardianshipMCED - Cease and Desist OrderMCON - Civil Contempt/CapiasMCVP - Civil PenaltyMSOJ - Compel Satisfaction of Judgment MCRO - Complaint Requesting OrderMCTO - Consent OrderMIND - Destruction of Indicia of ArrestMHAC - Habeas CorpusMTOX - Hazardous Substance Cleanup MFOR - Intercept of Forfeited MoneyMISS - Issuance of Subpoena/Material WitnessMMAN - MandamusMOUT - Out of State DepositionMROP - Petition for Return of PropertyMROD - Road ResolutionMSAM - Satisfy MortgageMSEL - Sell Real Estate for Property Tax MSEM - Set Aside Satisfaction of Mortgage MSSS - Set Aside Sheriff's SaleMSET - Structured Settlement MTAX - Tax DitchesMREF - Tax Intercept MLAG - Tax LagoonsMVAC - Vacate Public RoadMPOS - Writ of PossessionMPRO - Writ of Prohibition

MORTGAGESMORT - Mortgage

MECHANICS LIENSLIEN - Mechanics Lien *

* Case types subject to Rule 16.1 - Alternative Dispute Resolution

DUTY OF THE PL AINTIFF

Each plaintiff/counsel shall complete the attached Civil Case Information Statement (CIS) and file with the complaint.

DUTY OF THE DEFENDANT

Each defendant/counsel shall complete the attached Civil Case Information Statement (CIS) and file with the answer and/or first

responsive pleading.

Revised 8/05

De Novo Request Form--Arbitration Civil Rule 16.1

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE COUNTY: NEW CASTLE KENT SUSSEX : _________________________ :

Plaintiff(s) : : C. A. No.: ____________________________

: v. : :

: _________________________ :

Defendant(s) : DEMAND FOR TRIAL DE NOVO

Plaintiff(s)/Defendant(s), by their attorney, hereby request a trial de novo in the

above-captioned action, from the Arbitrator’s Order of _____________________________.

A trial in the Superior Court is expected to last ________ days.

By: __________________________________________ Name

_____________________________________________ Address

_____________________________________________

Attorney for: _________________________________

DATED: ______________________ Attachment: Trial Fee cc: Counsel & Pro Se Parties

Revised 8.21.03

Superior Court Form 30In accordance with Superior Court Civil Rule 5(b)(1)

Form 30. Interrogatories to be answered by a personal injury litigation party.

1. Give the name and present or last-known residential and employment address andtelephone number of each eyewitness to the incident which is the subject of the litigation.

________________________________________________________________________

________________________________________________________________________

_________________________________________________________________________

2. Give the name and present or last-known residential and employment address andtelephone number of each person who has knowledge of the facts relating to the litigation.

________________________________________________________________________

________________________________________________________________________

__________________________________________________________________________

3. Give the names of all persons who have been interviewed in connection with the abovelitigation, including the names and present or last-known residential and employmentaddresses and telephone numbers of the persons who made said interviews and the namesand present or last-known residential and employment addresses and telephone numbersof persons who have the original and copies of the interview.

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

4. Identify all photographs, diagrams, or other representations made in connection with thematter in litigation, giving the name and present or last-known residential and employmentaddress and telephone number of the person having the original and copies thereof. (In lieuthereof, a copy can be attached.)

________________________________________________________________________

________________________________________________________________________

___________________________________________________________________________

5. Give the name, professional address, and telephone number of all expert witnessespresently retained by the party together with the dates of any written opinions preparedby said expert. If an expert is not presently retained, describe by type the experts whomthe party expects to retain in connection with the litigation.

________________________________________________________________________

________________________________________________________________________

__________________________________________________________________________

6. Give a brief description of any insurance policy, including excess coverage, that is or maybe applicable to the litigation, including:

a) The name and address of all companies insuring the risk;__________________________________________________________________

__________________________________________________________________

b) The policy number(s); ________________________________________________

c) The type of insurance; ________________________________________________

d) The amounts of primary, secondary, and excess coverage. __________________

__________________________________________________________________

7. (Additional interrogatory to be answered by a personal injury litigation plaintiff only)Give the name, professional address, and telephone number of all physicians, chiropractors,psychologists, and physical therapists who have examined or treated you at any time duringthe ten year period immediately prior to the date of the incident at issue in this litigation.

________________________________________________________________________

________________________________________________________________________

_________________________________________________________________________


COUNTY: NEW CASTLE KENT SUSSEX

)

Plaintiff(s) ) ) ) C.A. No.: ________________________________

) v. )

) )

Defendant(s) ) )

MEDIATION CONFERENCE STATEMENT

The Mediation Conference Statement is a confidential document intended to assist the mediator prepare for the mediation conference. It should be submitted to the mediator only, at least

ten (10) days prior to the scheduled mediation.

1) State the facts of the case; and if applicable the nature of any equitable relief being sought. 2) With respect to the issue of liability, please complete the following:

a) Does this case involve and affirmative defense? If yes, describe.

b) State any facts that will bar or diminish any recovery by the plaintiff. 3) Provide a concise statement of any other claims (cross-claims, counter-claims or third party claims)

and respective defenses thereto:

4) If this is a personal injury or wrongful death action, each plaintiff shall complete the following:

a) Nature and extent of injuries and whether they are permanent.

b) Nature of any surgical procedures recommended, scheduled, or performed.

c) Total medical expenses to date: $ __________________________

d) Future medical expenses: $ __________________________

e) Loss of earnings to date - Amount: $ __________________________

For what period: __________________________

f) Future loss of earnings: Estimated Amount: $ __________________________

For what period: __________________________

g) Other special damages (specify nature and amount): $ __________________________

h) General damages (specify nature and amount): $ __________________________

1. Punitive damages: $ ___________________________

5. If this is not a personal injury case, each plaintiff shall state the following with respect to each

alleged item of damages:

Identify each item of damage and state whether it is supported by documentary evidence (type and amount):

6. Please list the amount of counsel fees incurred to date and out-of-pocket costs. (Please note if fees

are subject to contingent fee agreement). 7. Please note any liens (e.g., workman’s compensation, medical providers, etc.) which will be asserted against any recovery obtained in this case (list any lien holder and amount). 8. If you are a plaintiff in this action, state the terms of your demands in order to settle this matter: 9. If you are a defendant in this action, state the terms of offer in order to settle this matter:

Dated: ________________ __________________________________________ Attorney’s Signature __________________________________________ Attorney’s Name (Please Print) Attorney For: _____________________________

Revised 8>21.03

IN THE SUPERIOR COURT OF THE STATE OF DELAWAREIN AND FOR NEW CASTLE COUNTY

SAMPLE PRAECIPE

)Name of Plaintiff )

))

vs. ) Civil Action No. _________________))

Name of Defendant(s) ))))

Please issue __________________________________________

Name and Address of each Defendant to be served

________________________________Plaintiff’s SignatureAddressPhone Number

TO: Prothonotary


IN AND FOR NEW CASTLE COUNTY

PRAECIPE

)))))

vs. ) Civil Action No.))))))))

Please issue ____________________________________

_________________________________Plaintiff

Address __________________________

_________________________________

Phone ____________________________

TO: Prothonotary

SUPERIOR COURT

FORM 40

Admission Pro Hac Vice

Form 40. Adm ission pro hac vice (Rule 90.1)


IN AND FOR ______________ COUNTY

______ ______ ______ ______ , )

)

Plaintiff(s), )

)

V. ) C.A. No._____________

)

________________________, )

)

Defendant(s). )

)

MOTION AND ORDER FOR ADMISSION PRO HAC VICE

1. ___________ ______ ______ ______ _____, a mem ber of the Delaw are ba r,

(name of mo vant - print or type)

pursuant to Rule 90.1, mo ves the a dmissio n pro ha c vice of:

______________________________________________________________________

(name of applicant - type or print)

________________________________________________________________________

(firm - type or print)

________________________________________________________________________

(office address - type or print)

_________________________________________________________________________

(office telephone number - type or print)

to represent ______________________________________________________________

(name of party - type or print)

in this action. Movant certifies that movant finds the applicant to be a reputable and competent attorney, and

movant is in a position to recommend the applicant's admission. The applicant admitted, practic ing, and in

good standing in

_________________________________________________________________________

(name of other jurisdiction - type or print)

__________________________________________

(movant's signature)

______ ______ ______ ______ ______ __ hereby certifies:

(name of applicant - type or print)

1. That applicant shall be bound by the Delaware Lawyers' Rules of Professional

Condu ct.

2. That applicant and all attorneys of the applicant's firm who directly or indirectly provide

services to the party or cause at issue shall be bou nd by all R ules of the Court.

3. That app licant has re viewed the Prin ciples of Pro fessiona lism for De laware Lawye rs.

4. That applicant consents to the appointment of the Prothonotary as agent upon whom service

of process may be made for all actions, including disciplinary a ctions, tha t may a rise out of

the pract ice of law under this ru le and any activities re lated the reto.

5. The applicant ha s appeared in __ ______ ______ actions in co urt of recor d of

(insert number)

Delaw are in the preced ing twe lve (12) m onths.

6. Applican t does no t mainta in an office in th e State o f Delaware except:

__________________________________________________________

(if none, note "no exceptions")

7. That ap plicant is a m ember in good standing of the bar of the Stat e of:

__________________________________________________________

(designate applicant's principal state of admission)

8. Applicant has not been disbarred or suspended and is not the object of any pending

disciplinary proceedings in any jurisdiction where the applicant has been admitted genera lly,

pro hac v ice, or in any other way, except:

________________________________________________

(if none, indicate "no exceptions")

9. Applican t is adm itted for the practice o f law in the following s tates or o ther jurisdict ions:

______________________________________________________________

(print or type)

10. Payment to the Prothonotary for the pro hac vice application assessment in the amount of three

hundred dollars ($300.00) is at tached for depo sit pursua nt to Superior Cou rt Civil Rule 90.1.

Dated: ____________ ______________________________________

(applicant's signature)

ORDER

The foregoing application for adm ission to practice in this action p ro hac vice is hereby granted.

IT IS SO ORDERED this ________ day of ______________, 200 .

____________________________________________

Judge

(Added, effective June 1, 1992; ame nded, effective Sept. 28, 1995.)

Fee was changed to $300.00 July 1, 2002

Revised 2/2006

EFiled: Feb 1 2007 3:43PM EST Transaction ID 13669502 Case No. 03C-12-168 JOH

Prior non-violent (Title 11, §4201(c)) felonies (Specify crime and year of conviction):

Prior misdemeanors (Specify crime and year of conviction):

Relevant Juvenile Adjudications (specify adjudication and year of adjudication):

Was the Defendant on Superior Court probation at the time of the crime? Yes No Was the crime committed while the Defendant was pending trial/sentencing in Delaware? Yes No Unknown

Will this plea result in an enhanced penalty and/or a minimum mandatory penalty? Yes No

Deputy Attorney General Print name Date

TO BE COMPLETED BY DEFENDANT: Have you previously been declared a §4214 habitual offender? Yes No Do you agree that the State’s description of your criminal record is correct? Yes No

If no, explain your disagreement. Do you have any felony convictions, since 1988, in addition to those listed above? Yes No Was the crime in this case committed while you were released on bail? Yes No Was the crime in this case committed while you were on probation? Yes No If yes, what court and probation level? Are you a school teacher or administrator? Yes No Have you been sentenced to, or participated in, a substance abuse program before? Yes No Describe program(s).

Any false statements made on this paper are punishable under 11 Del. C. §1233.

Defendant Print name Date

State of Delaware v. Case No(s):

DEPARTMENT OF JUSTICE RECORDS INDICATE THE FOLLOWING CONVICTIONS SINCE 1988: Prior violent (Title 11, §4201(c)) felonies (Specify crime and year of conviction):

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IMMEDIATE SENTENCING FORM

Case No(s): State of Delaware v.

C.A. No(s):

HABITUAL OFFENDER ELIGIBLE, Title 11 §4214(a) §4214(b) BOOT CAMP DIVERSION ELIGIBLE: Title 16, §4763 sentence –previous qualifying drug conviction Title 21: School Teacher or Administrator convicted of a crime as described in Title 11, §4101(e) Title 11, §4120, §4121 – Sex offender registration required BAC: Title 11, §4336 –Sex offender notification required

DUI No BAC

DEFENDANT WILL PLEAD: Count C.A. No. Charge (if LIO, indicate and include applicable citation) Upon the sentencing of the defendant, a nolle prosequi is entered on: all remaining charges on the following charges:

SENTENCE: State and Defendant request PSI Immediate Sentencing Recommendation/Agreement:

State and Defendant agree to the following: Restitution: No contact with Other Conditions:

Is this one page the complete Plea Agreement?

DAG DEF. COUNSEL

print name

print name

signature signature

Date DEFENDANT signature date

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

PLEA AGREEMENT

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