Opinion
Civil No. 3:04-CV-1988-H.
August 1, 2005
Daniel J. Sheehan, Jr., John M. Phalen, Jr., DANIEL SHEEHAN ASSOCIATES, LLP, Dallas, TX, Counsel for Plaintiff.
M. Fletcher Reynolds, Colleen L. McCoy, HILL GILSTRAP, PC., Dallas, TX, Counsel for Scheckenbach and R-SQUARED.
Jack Urquhart, Laura E. DeSantos, BERIRNE MAYNARD PARSONS, LLP, Houston, TX, Counsel for Horizon.
Jeffrey C. Mateer, MATEER SHAFFER, Dallas, TX, Counsel for HerbAsia Corporation.
ORDER
The Court has previously referred this case to Mediation with unsuccessful results. ( See Referral Order, entered Oct. 20, 2004; Mediator report, filed Dec. 22, 2004.) Since referring the case however, more discovery has been had and new parties were added who have not had the opportunity to explore a mediated settlement. ( See Horizon's 3d Party Compl., filed Jan. 11, 2005; Scheckenbach 3d Party Compl., filed Jan. 11, 2005; Pl.'s 1st Am. Compl., filed Jan. 11, 2005.) The Court concludes that this case is now ripe for mediation. Therefore this case is referred for mediation.
Mr. Will Pryor, 5420 LBJ Freeway #626, Dallas TX 75240 (PH: 469-374-0222 and FAX: 469-374-9272) is appointed Mediator. See Attachment A for list of counsel. All counsel are directed to contact the mediator to arrange the logistics of mediation within five (5) business days.
The mediation will be governed by Section III.D — G of the Court's Civil Justice Expense and Delay Reduction Plan.
Fees for the mediation are to be divided and borne equally by the parties unless agreed otherwise, shall be paid by the parties directly to the Mediator, and shall be taxed as costs. No subpoenas, summons, citations, or other process shall be served at or near the location of any mediation session, upon any person entering, leaving, or attending any mediation session.
Counsel and parties shall proceed in a good faith effort to resolve this case and shall agree upon a mediation date within the next 21 days. If no agreed date can be scheduled within the next 21 days, then the Mediator shall select a date and all parties shall appear as directed by the Mediator.
The Mediator is directed to notify the Court by August 19, 2005 of the scheduled date for the mediation.
Following the mediation, the Mediator is directed to file a report as to the results with the District Clerk by September 19, 2005, by completing and filing with the District Clerk the information required by § III.G of the Court's Civil Justice Expense and Delay Reduction.
This case is currently set for trial for the weeks of February 6, 13 and 21, 2006. Referral to mediation is not a substitute for trial and the case will be tried if not settled.
SO ORDERED.