Eugenia Woodard v. Fortress Insurance Company and Ronnie Elmore, D.D.S.

Court of Appeals, First District ©Ffl«SJSO»J ESS J3(J U.S. POSTAGE » PITNEY BOWES
301 Fannin Street
Houston, Texas 77002-2066 srmwm texas
PEttAMMROR ZIP 77002
02 m
PRW&fE.USE 0001372104 JAN' 12 2015

CASE NO. 01-14-00792-CV
EUGENIA WOODARD
115 ARBOR ST #2
BAYTOW
1 NIXIE. • 773 7E 1009 >00 2/07/15
^^R ETU_R N ^TO 5s NDE R
UCL..J. vER ABLE AS ADDRESSED
UNABLE TO FORWARD
i.
SC: 77 00 2 2 0669 9 * 2 833-11412 -12 - 41
tf WK3C !t^tiii|ihHMilHl-«-Mii!i-Hiil*H|!i*|ffliiiiiiWiiiui,.H,,n
 f

Order issued January 12,2015

In The

Court of Appeals;
For The

Jfttsft Sfctrict of %tm%

NO. 01-14-00792-CV

EUGENIA WOODARD, Appellant

V.

FORTRESS INSURANCE COMPANY, DR. RONNIE ELMORE, D.D.S.,
Appellee

On Appeal from 215th District Court
Harris County, Texas
Trial Court Cause No. 2014-09985

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 (Vernon 2005). 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.' See id, §§154.052,154.654(a) (Vernon 2005). 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 (Vernon 2005). 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.lstcoa.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 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.

ii
The Court does not recommend mediators. Mediation information is
available from the Dispute Resolution Center of Harris County ((713) 755-
8274 and htto://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.ofg/). and other
••' groups. The parties are n6t required to use a mediator recommended or
listed by these groups.
 No later than two dtays frorfii the conclusion of me hiediatidh,
the parties and the mediator shall advise the Clerk of this Court in :.
writing whether the partiesdid of dM not settle; me uhdeflyirig'dispute,
and the mediator shall file with the Clerk of this CourJ a completed
'^pointmeht and Fee'RepOrt---Mediatibn'' fbrrh. This docunient 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) (Vernon 2005).

All communications relating to the mediation are confidential and not subject to

disclosure, except as set forth by law. See id, § 154.073 (Vernon 2005). 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.d53(b);. Unless the parties agree

otherwise, all matters, including the conductand demeanor of theparties and their
counsel during the settlement process/are confidential and may never be disclosed

to anyone, including; this Court. iSee 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.

Nothing in this order modifies the timetables in the Texas Rules of Appellate

Procedure regarding the appellate record and briefs.

Isi Laura Carter Higlev
Justice Laura Carter Higley
Acting Individually