Order issued March 31, 2020

In The 

## Court of Appeals

For The 

## First District of Texas

NO. 01

- 20

- 00210

- CV

IRONWOOD VENTURES LLC, A TEXAS LIMITED LIABILITY COMPANY, SOUTH COAST LIFE LIQUIDITY, L.L.P., A TEXASLIMITED LIABILITY PARTNERSHIP AND DALE E. TONEY,

INDIVIDUALLY , Appellant s

V.

JP MORGAN CHASE BANK, N.A. , Appellee

On Appeal from 129th District Court Harris County, Texas
Trial Court Cause No. 2019

- 40692



### MEMORANDUM ORDER
OF REFERRAL TO MEDIATION

The Court determines that it is appropriate to refe r this appeal for resolution

by mediation. See T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. §§ 154.021, 154.022(a),154.023 (Vernon 20 11 ). Accordingly, the Court orders that this appeal be referred

to mediation unless any party to the appeal files an objection with t he 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) (Vernon 20 11 ).

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 p a ge of the Court’s website at http://www.txcourts.gov/1stcoa

.

• 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 conc l usion 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

.

All parties, or their representative with full settlement authority, shall attend

the m ediation 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

1 The Court does not recommend mediators. Mediation information is available from the Dispute Resolution Center of Harris County ((713) 755

- 8274 and https://drc. harr iscountytx.gov/ ), 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 req uired to use a mediator recommended or listed by these groups.parties to enter into a settlement agreement. See id. § 154.053(a) (Vernon 20 11 ).

All communica t ions relating to the mediation are confidential and not subject to

disclosure, except as set forth by law. See id. § 154.073 (Vernon 20 11 ). The Clerk

of this Court, however, will file this order, any objection to this order, and the

completed “Parties’ N otification to Court of Mediator” 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 b y 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 par t ies 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 a s 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.

/s/ Sherry Radack

Just i ce Sherry Radack Acting Individually