October 28, 2013

No. 04-13-00608-CV

SMITH-REAGAN & ASSOCIATES, INC. D/B/A SMITH-REAGAN INSURANCE AGENCY.

Appellant

v. FORT RINGGOLD LIMITED, PETE DIAZ III, AARON DIAZ AND MONICA AGUILLON.

Appellees

From the 381st Judicial District Court, Starr County. Texas Trial Court No. DC-02-343 Honorable Jose Luis Garza, Judge Presiding

ORDER OF REFERRAL

The Court, after reviewing the responses of the parties, has determined that the dispute pending in this Court is appropriate for referral to an Alternative Dispute Resolution procedure. Tex. Civ. Prac. & Rem. Code Ann. § 154.021 (a) (Vernon 2005). It is therefore. ORDERED that this cause be referred to a Mediated Settlement Conference which will be conducted by Joe Brown, an impartial person, as Mediator. See id. § 154.051.052.

It is FURTHER ORDERED that all appellate deadlines are hereby suspended until December 12, 2013.

It is FURTHER ORDERED that mediation shall commence at such place as the Mediator may designate and proceed in accordance with the schedule set by the Mediator until completed, but in any event the mediation shall be completed no later than forty-five (45) days from the date of this Order. The Mediator shall file with the Clerk of Court within three (3) days of the completion of the mediation a written report concerning the disposition of this appeal.

It is FURTHER ORDERED that the Mediator shall be compensated and that parties in this cause shall be equally responsible for its share of this obligation. Mediation fees shall ultimately be taxed as court costs. See id. § 154.054.

It is FURTHER ORDERED that all parlies to this cause are directed to attend the Mediated Settlement Conference with their counsel of record. The corporate parly representative in attendance and the individual parly representatives shall have full authority lo settle up to and including the judgment amount. To facilitate this procedure the Mediator shall encourage and assist, but will not compel or coerce the parties in reaching a settlement of the dispute. Unless the parties otherwise agree, all mailers, including the conduci and demeanor of the parties and their counsel during mediation, shall remain confidential and shall never be disclosed lo anyone. including this Court. See id. § 154.053.

Provided the parties are able to settle all matters related lo this appeal, the parties arc directed lo file a joint motion requesting an appropriate disposition of this appeal within thirty (30) days of the date of mediation.

Il is so ORDERED on October 28. 2013.

Sandee Bryan Marion; Justice

IN WITNESS WHEREOF, I have hereunto sel my hand and affixed the sejil of the said court on this 28"' day of October. 2013.

/ Ur—