Case 3:08-cv-01551-B Document 229 Filed 03/24/14

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

VILLAS AT PARKSIDE PARTNERS d/b/a VILLAS AT PARKSIDE, et al., and VALENTIN REYES, et al., Plaintiffs, v. THE CITY OF FARMERS BRANCH, TEXAS, Defendant.

CIVIL ACTION NO. 3:08-CV-1551-B (consolidated with NO. 3:03-CV-1615)

MEDIATION ORDER On July 9, 2010, the Court determined in its Orders on Plaintiffs motions for attorneys fees (docs. 197 and 198), that mediation of the dispute in this case over the amount of attorneys fees and costs to be awarded would be appropriate. Since that time, the parties participated in mediation as directed by the Courts mediation order (doc. 199), but were unable to reach settlement according to the Alternative Dispute Resolution Summary filed by the mediator (doc. 202). Now, following Defendants unsuccessful appeal (docs. 214 and 227), the Villas Plaintiffs have filed a supplemental motion for attorney fees (doc. 219) related to fees and costs incurred during the appeal, and the Reyes Plaintiffs anticipate filing a similar supplemental request (docs. 225 and 228). The Courts opinion here remains unchanged. It still finds that mediation of the ongoing dispute regarding the amount of attorneys fees and costs to be awardedincluding those related to

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Defendants appealis appropriate.1 See FED. R. CIV. P. 1, 16; 28 U.S.C. 473(a)(6), (b)(4); Civil Justice Expense and Delay Reduction Plan of the Northern District of Texas III (1993); see also TEX. CIV. PRAC. & REM. CODE. ANN. 154.001 et seq. (Vernon 1997 & Supp. 2004). Therefore, the Court ORDERS the parties to participate in mediation with Hon. Jeff Kaplan (Ret.) by no later than May 31, 2014. Mediation is a mandatory but non-binding settlement conference wherein the parties attempt to resolve their differences with the assistance of a third party facilitator: the mediator. All proceedings in a mediation session are confidential and privileged from discovery. No subpoenas, summons, citations, 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 parties shall make independent arrangements for payment of fees for the mediation. The costs of mediation are to be divided and borne equally by the parties unless agreed otherwise. The named parties shall be present during the entire mediation process and each party which is not a natural person must be represented by an executive officer (other than in-house counsel) with authority to negotiate a settlement (the authority required shall be active, i.e., not merely the authority to observe the mediation proceedings but the authority to negotiate, demand or offer, and bind the party represented). Counsel and the parties shall proceed in a good faith effort to try to

It bears repeating what the Court noted in a previous Order (doc. 198 at 9 n. 10)regarding the appropriate amount of attorneys fees in this case. Specifically, that in negotiating the fee award, the parties must consider recent guidance from the Supreme Court concerning fee awards from a public fisc. See Perdue v. Kenny A., 130 S.Ct 1662, 1675-77 (2010)(noting that an effective top rate of more than $866 per hour was not consistent with prevailing market rates and addressing the potential impact of fee awards on pubic resources)(emphasis added).

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resolve the remaining fee and cost disputes. As mentioned above, the Court selects Hon. Jeff Kaplan (Ret.), JAMS, 8401 N. Central Expressway, Suite 610, Dallas, Texas, 75225, as the mediator. The parties should ensure that Jeff Kaplan receives this Order. The mediator is directed by the Court to complete the attached Alternative Dispute Resolution Summary Form and file it with the clerk of court within ten (10) days after the mediation session is completed. Along with that form, if the dispute has not settled, the mediator should submit a brief confidential letter to the Court containing the mediator's view of the continuing likelihood of settlement and any other observations, without disclosing anything confidential from the mediation, that the mediator believes the Court could find helpful. If the mediator has not already done so, he is required to register for electronic notice with the Court within ten (10) days from this Order. More information about the Court's Electronic Notice System may be found at http://www.txnd.uscourts.gov/records/ens.html. Failure to comply in good faith with the requirements of this order may result in the imposition of sanctions. See FED. R. CIV. P. 16(f). SO ORDERED SIGNED March 24, 2014

_________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ALTERNATIVE DISPUTE RESOLUTION SUMMARY Provider must file completed form, in duplicate, with the U.S. District Clerk upon completion of ADR. 1. 2. 3. 4. 5. 6. Civil Action number: _____________________________________________________ Style of case: ____________________________________________________________ Nature of suit: ___________________________________________________________ Method of ADR used: Mediation Mini-Trial Summary Jury Trial Date ADR session was held: ________________________________________________ Outcome of ADR (Select one): Parties did not use my services. Settled, in part, as a result of ADR. Settled as a result of ADR. Parties were unable to reach settlement. Continuing to work with parties to reach settlement (Note: provider must file supplemental ADR Summary Form at conclusion of his/her services). What was your TOTAL fee: $____________________________________ Duration of ADR: _________________________ (i.e., one day, two hours) Please list persons in attendance (including party association, i.e., defendant, plaintiff):
(Provider) ________________________________

7. 8. 9.

________________________________ ________________________________ ________________________________ ________________________________

________________________________ ________________________________ ________________________________

Please provide the names, addresses, and telephone number of counsel on the next page of this form. 10. Provider information: ______________________________________ Signature ______________________________________ Address ______________________ Date ______________________ Telephone

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Alternative Dispute Resolution Summary Continued Please provide the names, addresses, and telephone numbers of counsel:

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________

Name: ______________________________ Firm: ______________________________ Address: ____________________________ ____________________________ Phone: _____________________________