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420 coose
CAUSE No. DC-10-16694
LOU RATHBURN § IN THE DISTRICT COURT
vs. § 134" JUDICIAL DISTRICT
SAFEGUARD SECURTIY HOLDINGS § DALLAS COUNTY, TEXAS
INCet al
MEDIATION ORDER
This case is appropriate for mediation pursuant to Section 154,001 et seq. of the Texas Civil Practice and
Remedies Code. KEN BURDIN (214-528-1411) is appointed mediator in the above case and all counsel are
directed to contact mediator to arrange the logistics of mediation within seven (7) days from the date of this Order.
Any objection to this Order must be filed and served upon all parties and the mediator, and a hearing must be
requested, within ten (10) days from the date of this Order, an objection that is neither timely filed, nor ruled upon
before the scheduled mediation may be waived.
Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the
mediator. Mediation is private, confidential and privileged from process and discovery. After mediation, the court
will be advised by the mediator, partics, and counsel, only that the case did or did not settle. The mediator shall not
be a witness nor may the mediator's records be subpoenaed or used as evidence. No subpoenas, citations, writs, or
other process shall be served at or near the location of any mediation session, upon any person entering, leaving or
attending any mediation session.
The mediator will negotiate a reasonable fee with the parties which shall be divided and borne equally by
the parties unless agreed otherwise, paid by the parties directly to the mediator, and taxed as costs. 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.
Each party and their counsel will be bound by the rules for mediation printed on the reverse hereof, and shall
complete the information forms as are furnished by the mediator,
Named parties shall be present during the entire mediation process and each corporate party must be
represented by an executive officer with authority to negotiate a settlement. Counsel, the parties and the mediator
shall agree upon a mediation date within 5 days from the date of this order. If no date can be agreed upon within the
5 day period, then the mediator shall select a date for the mediation and all parties shall appear as directed by the
mediator.
The date scheduled by the mediator is incorporated into this Order as the date upon which the mediation
session shall occur. In any event, the mediation shall be conducted no later than SIXTY (60) DAYS. before the
Initial Trial Setting, which is 09/06/2011.
Failure or refusal to attend the mediation as scheduled may result in imposition of sanctions, as permitted
by law, which may include dismissal or default judgment. Failure to mediate will not be considered cause for
continuance of the trial date. Referral to mediation is neither a substitute for, nor a cause for delay of trial, and the
case will be tried if not settled.
The mediator is to mail a report regarding the outcome of the mediation session to the Court, with a copy to
the ADR Coordinator, immediately after the mediation session,
Counsel shail cooperate with the Court and the mediator in the initiation and conduct of the mediation.
“Supreme Court of Texas Miscellaneous Docket No. 05-9107, June 13, 2005."
SIGNED on 3/1/2011.
ALE TILLE
pe: KEN BURDIN: VERITEX COMMUNITY BANK; PROFESSIONAL. BANK NA: R MICHAEL LAGOW,;
SAFEGUARD SECURTIY HOLDINGS INC; JOHNNIE |, ALMON; KENNETH STUART HARTERRULES FOR MEDIATION
4. Definition of Mediation. Mediation is a process under which an impartial person. the mediator. facilitates communication
between the parties to promote reconciltation, settlement or understanding among them. The mediator may suggest ways of resulving the dispute,
but may not impose his own judgment on the issues for that of the panies.
2. Conditions Precedent to Serving 9 Mediator. ‘The mediator shall not serve as a mediator in any dispute in which he has any
financial or personal interest in the result of the mediation Prior to accepting an appointment. the mediator shall disclose any circumstances
likely to create a presumption of bias or prevent a prompt meeting with the parties.
3, Authority of Mediator, The mediator does aot have the authority to decide any issue for the parties, but will attempt to facilitate
the voluntary resolution of the dispute by the parties. The mediator 1s authorized to conduct joint and separate meetings with the parties and to
offer suggestions to assist the parties achieve settlement. necessary, the mediator may also obtain expert advice concerning technical aspects of
the dispute. provided that the parties agree and assume the expenses of obtaining such advice, arrangements for obtaining such advice shail be
made by the mediator of the parties, as the mediator shall determine.
4. Parties Responsible for Negotiating Their Own Settlement. The partics understand that the mediator will not and cannot
impose a settlement in their case. The mediator, as an advocate lor settlement, will use cvery ¢ffor to facilitate the negotiations of the parties.
‘The mediator does not warrant of represent that settlement will result from the mediation pracess.
5. Authority of Representatives. Party representatives must have authority 10 settle and all persons necessary to the decision 1a
settle shali be present. The names and addresses of such persons shath be communicated in writing to all parties and the mediator.
6. Time and Place of Mediation. The mediator shall fix the time of cach mediation session. ‘The mediation shall he hetd at the
office of mediator, or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine.
7. Identification of Matters in Dispute. Prior to the first scheduled mediation session. cach party shall provide the medialor and all
attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting forth ils position with regard
to the issues that need to be resolved At or before the first session, the parties will be expected to produce all information reasonably required fur
the mediator to understand the issues presented The mediator may require any party to supplement such information
8. Privacy. Mediation sessions are private, ‘The parties and their representatives may attend mediation sessions Other persons may
attend only with the permission of the parties and with the consent of the mediator
9. Confidentiality. Confidential information disclosed to a medialor by the panics or by witnesses in the course of the mediation.
shall not be divulged by the mediator. All records. reports or other documents received by a mediator while serving in thal capacity shail be
confidential, The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or
judicial forum except as may be provided in Section 154.073 of the Texas Civil Practice and Remedies Code. Any party that violates this order
may be subject to the imposition of sanctions as may be permitted by law. The parties shall maintain the confidentiality of the mediation and
shall not rely on, or introduce as evidence in any arbitral. judicial or other proceeding: A) Views expressed or suggestions made by another party
with respect to a possible scitlement of the dispute, B) Admissions made by another party in the course of the mediation proceedings, C)
Proposals made or views expressed by the mediator, or D) The fact that another pany had or had not indicated willingness to accept a proposal
for settlement made by the mediator.
10. No Stenographic Record. There shall be no stenographic record of the mediation process and no persan shall tape record any
portion of the mediation sessian.
11. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas. sunimons, complaints, citations, wrils or
other process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the
session.
12. Termination of Mediation. The mediation shall be terminated. A) By the execution of a settlement agreement by the pares: 8)
By declaration of the mediator to the effect thal further efforts at mediation are no longer worthwhile; of C) After the completion of one full
mediation session, by a written declaration of a party or parties to the effect that the mediation proceedings are terminated
13. Interpretation and Application of Rules. The mediator shall imerpret and apply these rules
14, Fees and Expenses. The mediators daily fee, if agreed upon prior to mediation, shall be paid in advance of each mediation day
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including (ces
and expenses of the mediator. and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the
mediator, shall be home equally by the parties unless they agree atherwise,
ADDITIONALLY, YOU MAY OBTAIN A COPY OF THIS ORDER, BY GOING TO:
http://www.dallascounty.org/public_access.html.
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420 coose CAUSE No. DC-10-16694 LOU RATHBURN § IN THE DISTRICT COURT vs. § 134" JUDICIAL DISTRICT SAFEGUARD SECURTIY HOLDINGS § DALLAS COUNTY, TEXAS INCet al MEDIATION ORDER This case is appropriate for mediation pursuant to Section 154,001 et seq. of the Texas Civil Practice and Remedies Code. KEN BURDIN (214-528-1411) is appointed mediator in the above case and all counsel are directed to contact mediator to arrange the logistics of mediation within seven (7) days from the date of this Order. Any objection to this Order must be filed and served upon all parties and the mediator, and a hearing must be requested, within ten (10) days from the date of this Order, an objection that is neither timely filed, nor ruled upon before the scheduled mediation may be waived. Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the mediator. Mediation is private, confidential and privileged from process and discovery. After mediation, the court will be advised by the mediator, partics, and counsel, only that the case did or did not settle. The mediator shall not be a witness nor may the mediator's records be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session, upon any person entering, leaving or attending any mediation session. The mediator will negotiate a reasonable fee with the parties which shall be divided and borne equally by the parties unless agreed otherwise, paid by the parties directly to the mediator, and taxed as costs. 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. Each party and their counsel will be bound by the rules for mediation printed on the reverse hereof, and shall complete the information forms as are furnished by the mediator, Named parties shall be present during the entire mediation process and each corporate party must be represented by an executive officer with authority to negotiate a settlement. Counsel, the parties and the mediator shall agree upon a mediation date within 5 days from the date of this order. If no date can be agreed upon within the 5 day period, then the mediator shall select a date for the mediation and all parties shall appear as directed by the mediator. The date scheduled by the mediator is incorporated into this Order as the date upon which the mediation session shall occur. In any event, the mediation shall be conducted no later than SIXTY (60) DAYS. before the Initial Trial Setting, which is 09/06/2011. Failure or refusal to attend the mediation as scheduled may result in imposition of sanctions, as permitted by law, which may include dismissal or default judgment. Failure to mediate will not be considered cause for continuance of the trial date. Referral to mediation is neither a substitute for, nor a cause for delay of trial, and the case will be tried if not settled. The mediator is to mail a report regarding the outcome of the mediation session to the Court, with a copy to the ADR Coordinator, immediately after the mediation session, Counsel shail cooperate with the Court and the mediator in the initiation and conduct of the mediation. “Supreme Court of Texas Miscellaneous Docket No. 05-9107, June 13, 2005." SIGNED on 3/1/2011. ALE TILLE pe: KEN BURDIN: VERITEX COMMUNITY BANK; PROFESSIONAL. BANK NA: R MICHAEL LAGOW,; SAFEGUARD SECURTIY HOLDINGS INC; JOHNNIE |, ALMON; KENNETH STUART HARTERRULES FOR MEDIATION 4. Definition of Mediation. Mediation is a process under which an impartial person. the mediator. facilitates communication between the parties to promote reconciltation, settlement or understanding among them. The mediator may suggest ways of resulving the dispute, but may not impose his own judgment on the issues for that of the panies. 2. Conditions Precedent to Serving 9 Mediator. ‘The mediator shall not serve as a mediator in any dispute in which he has any financial or personal interest in the result of the mediation Prior to accepting an appointment. the mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties. 3, Authority of Mediator, The mediator does aot have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator 1s authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute. provided that the parties agree and assume the expenses of obtaining such advice, arrangements for obtaining such advice shail be made by the mediator of the parties, as the mediator shall determine. 4. Parties Responsible for Negotiating Their Own Settlement. The partics understand that the mediator will not and cannot impose a settlement in their case. The mediator, as an advocate lor settlement, will use cvery ¢ffor to facilitate the negotiations of the parties. ‘The mediator does not warrant of represent that settlement will result from the mediation pracess. 5. Authority of Representatives. Party representatives must have authority 10 settle and all persons necessary to the decision 1a settle shali be present. The names and addresses of such persons shath be communicated in writing to all parties and the mediator. 6. Time and Place of Mediation. The mediator shall fix the time of cach mediation session. ‘The mediation shall he hetd at the office of mediator, or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine. 7. Identification of Matters in Dispute. Prior to the first scheduled mediation session. cach party shall provide the medialor and all attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting forth ils position with regard to the issues that need to be resolved At or before the first session, the parties will be expected to produce all information reasonably required fur the mediator to understand the issues presented The mediator may require any party to supplement such information 8. Privacy. Mediation sessions are private, ‘The parties and their representatives may attend mediation sessions Other persons may attend only with the permission of the parties and with the consent of the mediator 9. Confidentiality. Confidential information disclosed to a medialor by the panics or by witnesses in the course of the mediation. shall not be divulged by the mediator. All records. reports or other documents received by a mediator while serving in thal capacity shail be confidential, The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum except as may be provided in Section 154.073 of the Texas Civil Practice and Remedies Code. Any party that violates this order may be subject to the imposition of sanctions as may be permitted by law. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral. judicial or other proceeding: A) Views expressed or suggestions made by another party with respect to a possible scitlement of the dispute, B) Admissions made by another party in the course of the mediation proceedings, C) Proposals made or views expressed by the mediator, or D) The fact that another pany had or had not indicated willingness to accept a proposal for settlement made by the mediator. 10. No Stenographic Record. There shall be no stenographic record of the mediation process and no persan shall tape record any portion of the mediation sessian. 11. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas. sunimons, complaints, citations, wrils or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the session. 12. Termination of Mediation. The mediation shall be terminated. A) By the execution of a settlement agreement by the pares: 8) By declaration of the mediator to the effect thal further efforts at mediation are no longer worthwhile; of C) After the completion of one full mediation session, by a written declaration of a party or parties to the effect that the mediation proceedings are terminated 13. Interpretation and Application of Rules. The mediator shall imerpret and apply these rules 14, Fees and Expenses. The mediators daily fee, if agreed upon prior to mediation, shall be paid in advance of each mediation day The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including (ces and expenses of the mediator. and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be home equally by the parties unless they agree atherwise, ADDITIONALLY, YOU MAY OBTAIN A COPY OF THIS ORDER, BY GOING TO: http://www.dallascounty.org/public_access.html.