Opinion
No. 04-18-00103-CV
05-15-2018
WESTWIND HOMES d/b/a Westwind Development, G.P.-Laredo, LLC, and Centerpoint Energy Resources Corp, Appellants v. Fernando RAMIREZ and Minerva Ramirez, Appellees
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2015CVT003262-D4
Honorable Oscar J. Hale, Jr., Judge Presiding
ORDER
This court has determined that this appeal is appropriate for referral to alternative dispute resolution. TEX. CIV. PRAC. & REM. CODE ANN. § 154.021(a); 4TH TEX. APP. (SAN ANTONIO) LOC. R. 2. All parties are therefore ORDERED to respond in writing within ten (10) days from the date of this order stating whether the parties have agreed on the selection of a mediator and, if so, the name and address of the mediator of their choice. If the parties are unable to agree on a mediator, the court will select a mediator from the list of approved mediators and notify the parties.
It is FURTHER ORDERED that mediation shall commence at such place as the Mediator may designate and proceed in accordance with the schedule set by the Mediator until completed, but in any event the mediation shall be completed no later than forty-five (45) days from the date of this order. The Mediator shall file with the Clerk of this Court within three (3) days of the completion of the mediation a written report concerning the disposition of this appeal.
It is FURTHER ORDERED that the Mediator shall be compensated and that parties in this cause shall be equally responsible for their share of this obligation. Mediation fees shall ultimately be taxed as court costs. TEX. CIV. PRAC. & REM. CODE § 154.054.
It is FURTHER ORDERED that all parties to this cause are directed to attend the mediated settlement conference with their counsel of record. The corporate party representative in attendance and the individual party representatives shall have full authority to settle, up to and including the judgment amount. To facilitate this procedure, the Mediator shall encourage and assist, but will not compel or coerce, the parties in reaching a settlement of the dispute. Unless the parties otherwise agree, all matters, including the conduct and demeanor of the parties and their counsel during mediation, shall remain confidential and shall never be disclosed to anyone, including this court. See id. § 154.053.
If the parties are able to settle all matters related to this appeal, the parties are directed to file a joint motion requesting an appropriate disposition of this appeal within thirty (30) days of the date of mediation.
This appeal is therefore REFERRED to a mediated settlement conference to be conducted by the Mediator selected by agreement of the parties, or by the court, as the case may be.
All appellate deadlines are hereby suspended for forty-five (45) days from the date of this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court