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Cheniere Energy, Inc. v. Parallax Enterprises LLC

Court of Appeals of Texas, Fourteenth District

January 18, 2018

CHENIERE ENERGY, INC. AND CHENIERE LNG TERMINALS, LLC, Appellants
v.
PARALLAX ENTERPRISES LLC, PARALLAX ENERGY LLC, PARALLAX ENTERPRISES (NOLA) LLC, LIVE OAK LNG LLC, LIVE OAK LNG PIPELINE LLC, MOSS LAKE LNG LLC AND CALCASIEU LNG LLC, Appellees

         On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2017-49685.

          ABATEMENT ORDER

          PER CURIAM.

         We have determined that this case is appropriate for referral to mediation, an alternative dispute resolution process. See Tex. Civ. Prac. & Rem. Code §§ 154.021-.073. Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation or settlement. Id.§ 154.023(a). Any communication relating to the subject matter of the appeal made by a participant in the mediation proceeding is confidential. See Tex. Civ.

         Prac. & Rem. Code § 154.053. After mediation, the parties shall advise the court whether the case settled, or whether any further negotiation efforts are planned.

         The court ORDERS the appeal ABATED for a period of sixty days and refers the underlying dispute to mediation. Any party may file a written objection to this order with the clerk of this court within 10 days of the date of this order. See Tex. Civ. Prac. & Rem. Code § 154.022. If this court finds that there is a reasonable basis for the objection, the objection shall be sustained and the appeal reinstated on this court's active docket. See id.

         The court ORDERS that the mediation be held within 60 days of the date of this order. The court ORDERS that all parties or their representatives with full settlement authority shall attend the mediation process, with their counsel of record. The court FURTHER ORDERS that within 48 hours of completion of the mediation, the parties shall advise the court in writing whether the case settled.

         If mediation fully resolves the issues in the case, the court ORDERS the parties to file a motion to dismiss the appeal, other dispositive motion, or a motion for additional time to file the dispositive motion, within 10 days of the conclusion of the mediation.

         The court ORDERS the appellate timetable in this case suspended for 60 days from the date of this order.

         The appeal is ABATED, treated as a closed case, and removed from this court's active docket for a period of sixty days. The appeal will be reinstated on this court's active docket after sixty days. Any party may file a motion stating grounds for reinstating the appeal before the end of the sixty-day period.

         Any party may also file a motion to dismiss the appeal or other dispositive motion at any time. Any party may file a motion to extend the abatement period for completion of mediation or to finalize a settlement.

         RULES FOR MEDIATION

         i. Definition of Mediation.

         Mediation is a process under which an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the disputes, but may not impose his own judgment on the issues for that of the parties.

         ii.Agreement of ...


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