Defendants’ appeal—is appropriate.
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);
. §§ 154.001
. (Vernon 1997 & Supp. 2004). Therefore,the Court
the parties to participate in mediation with Hon. Jeff Kaplan (Ret.) by no laterthan May 31, 2014. Mediation is a mandatory but non-binding settlement conference wherein the parties attemptto resolve their differences with the assistance of a third party facilitator: the mediator. Allproceedings 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. Thecosts of mediation are to be divided and borne equally by the parties unless agreed otherwise. Thenamed parties shall be present during the entire mediation process and each party which is not anatural person must be represented by an executive officer (other than in-house counsel) withauthority to negotiate a settlement (the authority required shall be active,
, not merely theauthority to observe the mediation proceedings but the authority to negotiate, demand or offer, andbind 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, theparties 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 feeawards on
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