CHIEF JUSTICE VALDEZ/Erica/Norma/Diana Circ. date: _____________

For: Approved:

_____________ Fact Memo not needed



### NUMBER 13

- 1 4

- 00 381

- C V



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

ENBRIDGE PIPELINE (EAST TEXAS) L.P.

, Appellant,

v.

SARATOGA TIMBER CO., LTD., BATSON CORRIDOR, L.P., AND TIMBERVEST PARTNERS TEXAS, L.P.

, Appellee s

.

____________________________________________________________

On a ppeal from the 88 th District Court

of Hardin County , Texas. 1



### ____________________________________________________________



## ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Rodriguez and Benavides

1 This case is before the Court on transfer from the Ninth Court of Appeals in Beaumont pursuant to an order issued by the Supreme Court of Texas. See T EX

. G OV ’ T C ODE A NN . § 73.001 (West, Westlaw through 2015 R.S.).2 

### Order Per Curiam

The Court has determined that this case should be referred to mediation.

Accordingly, it is ORDERED that this appeal be ABATED and this case be mediated

under the following terms and conditions:

1. The parties must promptly agree upon a mediator and, within

fourteen days of this Order, notify the Court in writing of the name and address of the mediator selected. If the parties are unable to agree upon a mediator, they must so notify the Court within the

fourteen day period and the Court will appoint a mediator.

2. All parties must confer with their mediator within fourteen days of the date of this Order, or in the case of a court appointed mediator, within

fourteen days of the appointment of the mediator, to establish a date and place for the mediation. The parties shall agree on a date for

the mediation that is consistent with the mediator ’ s schedule and is no later than thirty days after the date of this Order. In the event the parties cannot agree on a date, the mediator shall select and set a date. The mediator shall notify the Court of the date selected for the

mediation.

3. In the discretion of the mediator, each party may be required to provide a confidential memorandum and/or informat ion sheet setting forth the issues of the case and their positions on these issues. Additionally, upon request of the mediator, the parties shall produce all information the mediator deems necessary to understand the

issues of the case. The memorandum a nd/or information sheet and other information produced to the mediator will not be made a part of the file in this case and will be destroyed by the mediator at the conclusion of the mediation proceeding.

4. All parties to this matter or their authorize d representatives, accompanied by their counsel, must appear and attend the mediation proceeding. The mediation shall be for a full day.

5. Mediation is a mandatory, non

- binding settlement conference

conducted with the assistance of a mediator. The m ediation proceeding will be confidential within the meaning of the Texas Civil

Practice and Remedies Code sections 154.053 and 154.073. See

T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. §§ 154.053, 154.073 ( West, Westlaw through 2015 R.S. )

.3

6. Unless otherwise agree d, the mediation proceeding will not be

recorded.

7. The mediator will negotiate a reason able fee with the parties. The

mediator’s fee will be borne equally by the parties unless otherwise agreed by the parties, and will be paid directly to the mediator. If the parties do not agree upon the fee requested by the mediator, the court will set a reasonable fee, which shall be taxed as costs. Id. §

154.054.

8. Within two days after the conclusion of the mediation, the mediator shall certify to this Court as follows: (a) whether the parties appeared as ordered; (b) whether the case settled; and (c) whether the mediation fees were paid in accordance with the cour t's order or as otherwise agreed by the parties.

9. If mediation fully resolves the issues in this case, the parties must file a joint or agreed motion seeking dispositive relief within fourteen days of the conclusion of the mediation. If the parties n eed more time to effectuate the terms of the settlement agreement, they must,

within fourteen days of the conclusion of mediation, file a joint or agreed motion for an extension of time to file their disposition motion.

It is FURTHER ORDERED that this c ase is ABATED pending this Court ’ s review

of the mediator ’ s report and further order of this Court.

IT IS SO ORDERED

.

PER CURIAM

D elivered and filed the

19th day of May, 2016

.