Order issued January 16, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-00919-CV
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OGE, LLC, Appellant
V.
MATRIX PETROLEUM, LLC, ENDURING STBU, LLC, DAVID
DICKSON, ELIZABETH HOWELL, JUDY THOMAS, JP MORGAN
CHASE BANK, N.A., ALPAKA OIL & GAS, LLC, ALBERT E. BUTLER,
KAY BUTLER BARNES, KIMBERLY SCHULTZ, ANTHONY M.
BUTLER, BRET E. BUTLER, CHRISTY BUTLER OLIVERAS, PAULA
KAY MOIX, PAKALOU LLC, DEBORAH FULGHAM, TRUSTEE OF THE
LINDSAY LOUISE BUTLER TRUST, Appellees
On Appeal from the Probate Court Number One
Harris County, Texas
Trial Court Case No. 365607-401
MEMORANDUM ORDER
OF REFERRAL TO MEDIATION
The Court determines that it is appropriate to refer this appeal for resolution
by mediation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.021, 154.022(a),
154.023. Accordingly, the Court orders that this appeal be referred to mediation
unless any party to the appeal files an objection with the Clerk of this Court within
ten days after receiving this order. See id. § 154.022(b).
The parties shall choose a qualified mediator and agree on a reasonable fee
for the mediator’s services.1 See id. §§ 154.052, 154.054(a). When the parties
notify the Clerk of this Court of the name of the mediator, that person shall be
deemed appointed by the Court. See id. § 154.051. The parties should provide the
mediator with a completed “Notification to Mediator” and the “Appointment and
Fee Report—Mediation” form. These documents can be downloaded from the
forms page of the Court’s website at http://www.1stcoa.courts.state.tx.us.
The Court sets the following deadlines:
• No later than 15 days from the date that this order is issued, the
parties shall file with the Clerk of this Court a completed
“Parties’ Notification to Court of Mediator.” This document can
1
The Court does not recommend mediators. Mediation information is available
from the Dispute Resolution Center of Harris County ((713) 755-8274 and
http://www.co.harris.tx.us/DRC), the Fort Bend Dispute Resolution Center ((281)
342-5000), the Alternate Dispute Resolution Section of the State Bar of Texas
(http://www.texasadr.org/), and other groups. The parties are not required to use a
mediator recommended or listed by these groups.
be downloaded from the forms page of the Court’s website at
http://www.1stcoa.courts.state.tx.us.
• No later than 45 days from the date that this order is issued, the
parties shall conduct the mediation.
• No later than two days from the conclusion of the mediation,
the parties and the mediator shall advise the Clerk of this Court
in writing whether the parties did or did not settle the
underlying dispute, and the mediator shall file with the Clerk of
this Court a completed “Appointment and Fee Report—
Mediation” form. This document can be downloaded from the
forms page of the Court’s website at
http://www.1stcoa.courts.state.tx.us.
All parties, or their representative with full settlement authority, shall attend
the mediation with their counsel. The mediator shall encourage and assist the
parties in reaching a settlement of their dispute, but may not compel or coerce the
parties to enter into a settlement agreement. See id. § 154.053(a). All
communications relating to the mediation are confidential and not subject to
disclosure, except as set forth by law. See id. § 154.073. The Clerk of this Court,
however, will file this order, any objection to this order, and the completed
“Parties’ Notification to Court of Mediator” and “Appointment and Fee Report—
Mediation” forms with the other documents filed in this appeal that are available
for public inspection.
Unless expressly authorized by the disclosing party, the mediator may not
disclose to either party information given in confidence by the other and shall at all
times maintain confidentiality with respect to communications relating to the
subject matter of the dispute. See id. § 154.053(b). Unless the parties agree
otherwise, all matters, including the conduct and demeanor of the parties and their
counsel during the settlement process, are confidential and may never be disclosed
to anyone, including this Court. See id. § 154.053(c).
The Court will consider the agreed fee for the mediator’s services to be
reasonable and tax that fee as a cost of the appeal unless the parties agree to
another method of payment. See id. § 154.054.
/s/ Sherry Radack
Chief Justice Sherry Radack
Acting Individually