Order issued October 4, 2022

In The 

## Court of Appeals For The 

## First District of Texas

NO. 01

- 19

- 00095

- CV
BAYLOR MIRACA GENETICS LABORATORIES, LLC , Appellant

V.

THOMAS BRANDON PERTHUIS , Appellee

On Appeal from 80th District Court Harris County, Texas Trial Court Cause No. 2017

- 16991



### MEMORANDUM ORDER ON REMAND RELATED TO BRI EFING AND MEDIATION
On June 27, 2022, the Supreme Court of Texas remanded this case to this

Court to consider the sufficiency o f the evidence “ under the pro p er legal

framework ” and to addres s the remainder of the a rguments made by app ellant,
Baylor Miraca Genetics Laboratories, LLC. See Perthuis v. Baylor Miraca
Genetics Labs., LLC , 645 S.W.3d 228, 244 (Tex. 2022).B RIEFING SCHEDULE

Th e Court d etermines i n li ght of the supreme court ’ s opinion that br i efing
from the parties to address the issues on r emand is appropriate. Acc ordingly, the

Court orders the part ies to file additional briefing of no more than 5,000 words

each. The brief on remand of appellant is due 30 days from the date of this order.

The bri ef on remand of appellee is due 30 days from the date appellant ’ s brief on

remand is filed.

R EFERRAL TO MEDIATION

The Court further determines that it is appropriate to refer this appeal for

r e so lution on remand by mediation. 1 See T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. §§ 154.021, 154.022(a) , 154.023 . Ac cordingly, 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 w ithin ten days after receiving this order. See id. § 154.0 22(b).

T he parties shall choose a qualified m ediator and agree on a reasonable fee

for the mediator’s services. 2 Se e id. §§ 154.052, 154.054(a)

. The Court sets the following deadlines:

• No la ter than 15 days from the date that this order is issued, t he pa rties shall file with the Clerk of this Co urt a completed “Parties’ Notification to Court of Mediator.” This do cument can be

1 If the parties ch ose to mediat e , the Court will entertain a mo tion to suspen d th e briefing schedule set ou t in this orde r until mediation is completed.

2 The Court does not recommend mediators.downloaded from the forms page of the Court’s website at

http://www.txcourts.g ov/1s tcoa

.

• No later than 45 days from the d ate that this order is issued, the parties shall conduct the mediation

.

• No later than two days from the conclusion of the mediation, the parties an d the mediator shall advise the Clerk of this Court in writ ing w hether the parties did or did not settle t he underlying dispute.
All parties, or their representative with ful l settlement authority, shall attend

the mediation with their counsel. The medi ator shall encourage and assist the
parties in reaching a s ettle ment of their dispute but may not compel o r coerce the
parties to enter into a settlement agreement. See id. § 154.053(a) . All
communications relating to the mediation are confidential and n ot subject to
disclosure, except as set forth by law. See id. § 154.073 . The Clerk of this Court,

howeve r, will file this order, any objection to this order, and the complet ed

“Parties’ Notification to Court of Mediator” with the other documents filed in this
appeal that are available for public inspection

. Unless expressly authorized by the disclosing part y, the mediator may not
disclose to either party information given in confidence by the other and shall at all
times maintain confidentiality with res pect to communications relating to the
subject matter of the dispute. See id. § 154.053(b). Unless the p arties agree
otherwise, all matters, including the conduct and demean or of the parties and theircounsel during the settlement process, are confidenti al and may never be disclosed

to an yone, including th is Court. See id. § 154.053(c).

The Court will cons ider 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 o f payment. See id. § 154.054.

___ /s/ Richard Hightower

_____ Justice Richard Hightower Acting Individually