IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

SAN ANGELO DIVISION

LUKE T. CHRISMAN, individually and on § 

behalf of all others similarly situated, § 

 § 

 Plaintiff, § 

v. § No. 6:22-CV-00049-H 

 § 

LLOYD J. AUSTIN, III, in his official § 

capacity as United States Secretary of § 

Defense, et al., § 

 § 

 Defendants. § 

 

ORDER

On October 30, 2023, the United States District Judge referred this case to the undersigned 

United States Magistrate Judge to conduct mediation. ECF No. 146. PLEASE READ THIS 

ORDER CAREFULLY—it controls all proceedings related to the mediation, including premediation submission deadlines.

I. SCHEDULING

The mediation is hereby scheduled for Thursday, December 7, 2023, at 9:00 a.m. CST

before United States Magistrate Judge D. Gordon Bryant Jr. Through counsel (or individually 

for pro se litigants), all parties must confirm their attendance at least two days prior to the 

mediation by contacting the law clerk at (806) 472-1933. The mediation will take place inperson at the George H. Mahon Federal Building, 1205 Texas Avenue, 2nd Floor, Lubbock, Texas 

79401. 

II. FORMAT

The mediation will begin with a general session followed by private caucusing with each 

side, unless otherwise agreed by the parties or the mediator determines another approach is more 

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productive. The attorneys and parties are expected to be fully prepared to participate. Mediation 

and settlement negotiations are a fluid process, and the parties are encouraged to continue to 

evaluate their respective positions and find creative means to resolve the dispute. 

III. PREPARATION

Over 95% of all civil suits settle prior to trial. Therefore, settlement preparation should be 

treated as seriously as that for trial. Planning is essential because the party who is best prepared 

obtains the best result. 

A. Pre-mediation exchange of offers 

A mediation is more likely to be productive if, before the mediation, the parties exchange 

their initial settlement proposals in writing. Accordingly, no later than November 21, 2023,

counsel for Plaintiff shall submit a written itemization of damages and settlement demand to 

Defendant with a brief explanation of why such a settlement is appropriate as well as a proposed 

settlement agreement. 

No later November 28, 2023, Defendant shall submit a written counter-offer to Plaintiff’s 

counsel with a brief explanation of why such a settlement is appropriate as well as a proposed 

settlement agreement. 

Copies of these letters shall be emailed to chambers at bryant_orders@txnd.uscourts.gov, 

on the date submitted to the opposing party. Copies of these letters should not be filed with the 

Clerk’s office. 

B. Settlement documents 

In the event of settlement, the parties will be required to execute an agreement 

memorializing the terms of settlement before the mediation is formally adjourned. To facilitate 

this process, the parties are required to exchange proposed settlement documents with their 

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pre-conference settlement proposals. The parties are also encouraged to agree on as many 

specific terms of the settlement agreements as possible before the mediation. Copies of proposed 

agreements should also be emailed to chambers but should not be filed with the Clerk’s office. 

C. Confidential position papers

Although not required, the Court strongly encourages each party to provide confidential 

position papers detailing any facts or issues they believe will be helpful to the Court in conducting 

the mediation, including those they choose not to reveal to the opposing side. Any position papers 

will be destroyed following the mediation. Position papers SHOULD NOT merely incorporate

or attach any pleadings, motion(s) for summary judgment, or motion(s) to dismiss. Any position 

papers shall be delivered or emailed to chambers no later than November 28, 2023. Copies of 

these position papers should not be filed with the Clerk’s office.

D. Client Involvement

For many clients, this will be the first time they have participated in a court-supervised 

mediation. Counsel must therefore provide a copy of this Order to their clients and must discuss 

with them the issues listed below prior to the mediation.

E. Issues to be discussed

Parties should be prepared to discuss the following at the mediation:

(1) What are your objectives in the litigation?

(2) What issues (whether part of this suit or not) need to be resolved? What are the 

strengths and weaknesses of your case? 

(3) Do you understand the opposing side’s view of the case? What is wrong with 

their perception? What is right with their perception? 

(4) What are the points of agreement and disagreement between the parties? Factual? 

Legal?

(5) What are the barriers to settlement?

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(6) What remedies are available through litigation or otherwise? 

(7) Are there possibilities for a creative resolution of the dispute? 

(8) Do you have adequate information to discuss settlement? If not, what information 

do you need? How will this information make a meaningful settlement discussion 

possible? 

(9) Are there outstanding liens? Does a representative of the lienholder need to be 

included? 

IV. ATTENDANCE OF PARTIES REQUIRED

All individual parties and party representatives with ultimate settlement authority 

must be present and participate. An insured party must also appear with a representative of its 

insurer who is fully authorized to negotiate and provide final approval of all terms of settlement, 

whether monetary or non-monetary. An uninsured or self-insured corporate party, or a 

governmental entity, must appear via a representative who is fully authorized to negotiate and 

provide final approval of all terms of settlement, whether non-monetary or monetary. Ultimate 

settlement authority includes, but is not limited to, the authority to provide final approval for a 

settlement up to the limits of the opposing party’s most recent settlement demand. Having a 

client with this authority available by telephone is not an acceptable alternative, except under the 

most extenuating circumstances, and requires prior approval by the Court. It is impossible for a 

party who is not present to appreciate the process and the reasons which may justify a change in 

one’s perspective towards settlement. Failure to comply with this requirement may result in the 

rescheduling of the mediation at the cost of the non-complying party. 

V. CONFIDENTIALITY

Parties are encouraged to be frank and open in their discussions. Unless otherwise agreed 

by the parties, all conversations and materials produced during the mediation are confidential and 

shall not be used or disclosed to any outside person or entity and will not be admissible at trial. 

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Unless otherwise agreed by the parties, any brief, document, or other materials supplied by a party 

shall be returned to the party providing it, upon termination of the mediation. Any notes taken by 

a party concerning the proceedings shall be destroyed upon termination of the mediation. No 

recording of any kind shall be made of any of the proceedings. Unless otherwise agreed by the 

parties, the parties shall not introduce as evidence in any judicial or arbitration proceeding: (1) any 

view expressed or suggestion made by a party with respect to possible settlement; (2) any 

admission made by a party during the mediation; (3) any proposal made or view expressed by the 

judge; or (4) the fact that a party did or did not indicate willingness to accept any proposal for 

settlement made at the mediation.

VI. SANCTIONS

Failure to comply with this Order, or to attend the mediation, without obtaining court 

approval, shall result in appropriate sanctions.

SO ORDERED.

Dated: November 9, 2023.

_____________________________________

D. GORDON BRYANT, JR.

UNITED STATES MAGISTRATE JUDGE

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