Opinion
No. 08-10-00198-CV
08-29-2014
WARREN E & P, INC., f/k/a PETROLEUM DEVELOPMENT CORPORATION d/b/a PEDECO, INC., WARREN RESOURCES, INC., and OIL TECHNOLOGY FUND 1996 - SERIES D, L. P., Appellants/Cross-Appellees, v. GOTHAM INSURANCE COMPANY, Appellee/Cross-Appellant.
Appeal from the 81st District Court of Frio County, Texas (TC# 98-02-00039CVF) ORDER
Section 154.021 of the Civil Practice & Remedies Code provides that a court may on its own motion refer a pending dispute for resolution by an alternative dispute resolution procedure. TEX.CIV.PRAC. & REM.CODE ANN. § 154.021 (West 2011). The Court has determined that this case is appropriate for referral to mediation pursuant to Section 154.021. Therefore, the Court ORDERS this case referred to mediation. Any objection to this order must be filed with this Court and served upon all parties within ten (10) days of the date of this order. An objection untimely filed may be considered waived.
The Court further ORDERS that the parties shall, within twenty (20) days of this order, or within ten (10) days of an adverse ruling on an objection, confer and attempt to agree upon a mediator qualified under TEX.CIV.PRAC.& REM.CODE ANN. § 154.052 (West 2011). The parties shall notify the Court of name, address, telephone and fax number of the mediator. If the parties are unable to agree upon a qualified mediator, each party shall provide the Court in writing the name, address, telephone and fax number of two qualified and acceptable mediators. The Court will select a mediator by random draw from the submitted names.
The Court further ORDERS that the mediation be held within sixty (60) days of this order and that the appellate timetable be suspended during such time. All parties or their representative with full settlement authority shall attend the mediation process, with their counsel of record. The mediator and parties shall file a report of the completion of mediation within forty-eight (48) hours of the conclusion of mediation advising the court of: • full, partial, or no resolution of the case; • whether further negotiations are planned; and • compensation paid to the mediator and by whom. In the event no further negotiations are planned and there is no resolution, or a partial resolution of the case occurs, the parties will file a motion with this Court requesting that the Court issue an order reestablishing the appellate timetable. This motion will accompany the above-mentioned forty-eight (48) hours report.
The Court further ORDERS, in the event of full resolution of the issues in this case, that the parties file a joint dispositive motion within ten (10) days of the conclusion of mediation.
IT IS SO ORDERED THIS 29TH DAY OF AUGUST, 2014.
GUADALUPE RIVERA, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.