October 15,2013

No. 04-13-00555-CV

DENVER ENERGY EXPLORATION. LLC.

Appellant

v. INTERNATIONAL SERVICES, INC., Appellee

From the County Court at Law No. 5. Bcxar County. Texas Trial Court No. 380,714 Honorable Irene Rios, 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 Doug Walsdorf, an impartial person, as Mediator. See id. § 154.051.052.

It is FURTHER ORDERED that all appellate deadlines arc hereby suspended until November 30, 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.

Il is FURTHER ORDERED that all parties to this cause are directed in attend the Mediated Settlement Conference with their counsel of record. The corporate party representative in attendance and the individual party representatives shall have full authority to 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 parlies in reaching a settlement of the dispute, I'nless the parties otherwise agree, all matters, including the conduct and demeanor of the parlies and their counsel during mediation, shall remain confidential and shall never be disclosed to anyone, including this Court. See id. § 154.053.

Provided the parlies arc able to settle all matters related to this appeal, the parlies are directed to 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 16. 2013.

Sandec llrvan Matmn. Justice

IN WITNESS WI (EREOF, I have hereunto set ray band and affixed the sc^il of the said court on this 16lh dav of October. 2013. / / n,L E. l-follle. Clerk'

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