Familias Unidas Por La Educacion v. El Paso Independent School District et al

Filing 117

ORDER SETTING MEDIATION, (Mediation set for 10/3/2022 08:30 AM to 12:00 PM before Judge Anne T. Berton,). Signed by Judge Anne T. Berton. (mg2)

Case 3:20-cv-00170-DB-ATB Document 117 Filed 09/01/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
FAMILIAS
UNIDAS
EDUCACION,
Plaintiff,

POR

v.
EL PASO INDEPENDENT
DISTRICT,
Defendant.

LA §
§
§
§
§
§
SCHOOL §
§
§

EP-20-CV-00170-DB-ATB

ORDER SETTING MEDIATION
On this day, the Court considered the status of the above-styled and numbered cause. On
August 24, 2022, Senior United States District Judge David Briones referred this matter to the
undersigned for mediation and ordered that mediation be completed by September 30, 2022. (ECF
No. 114). On August 31, 2022, the parties filed a Joint Motion for Extension of Time to Conduct
Mediation and the Court granted that motion. (ECF No. 116). The parties have been in contact
with chambers to schedule the mediation. Accordingly, the Court HEREBY ORDERS the parties
to appear for a mediation on Monday, October 3, 2022. The mediation will take place from 8:30
a.m. to 12:00 p.m. before United States Magistrate Judge Anne T. Berton in Courtroom #412,
United States Courthouse, 525 Magoffin Avenue, El Paso, Texas 79901.
The parties must be present and in person at the mediation. In the case of an entity, such
as a corporation or governmental entity, an officer or other representative with complete authority
to enter into a binding settlement must be present in person. 1 A person with “complete authority”
is someone who has the experience and judgment to exercise that authority without having to

1

This requirement will only be waived upon a showing of exceptional circumstances. If counsel believes that such
circumstances exist, a letter detailing why the Court should excuse the representative from personal attendance should
be electronically filed for consideration at least ten days before the scheduled mediation or immediately upon learning
of the extenuating circumstances, whichever event is earlier.

Case 3:20-cv-00170-DB-ATB Document 117 Filed 09/01/22 Page 2 of 3

consult with anyone who is not in attendance at the mediation.2 Attendance by the attorney for a
party is not sufficient.
IT IS FURTHER ORDERED that each party will submit a short brief candidly setting
forth the following on or before Monday, September 26, 2022:
1.

The name and position of each individual who will attend the mediation;

2.

Facts that each side believes they can prove at trial;

3.

The major weaknesses in each side’s case, both factual and legal;

4.

An evaluation of the relief requested and the likelihood of such relief being agreed
upon;

5.

The history of any settlement negotiations to date; and

6.

An estimate of attorney’s fees and costs of litigation through trial.

The

briefs

shall

be

submitted

ex

parte

via

email

to

chambers

at

[e-mail]. The briefs will be solely for the Court’s use in preparing for
the mediation. The Court will also review the pleadings in the docket. Should either party want
the Court to review any case authorities believed to be critical to a just evaluation of the case, the
parties should identify them. Moreover, if the parties wish the Court to review any exhibits or
deposition excerpts, they should attach a copy to the brief.3

2

The Defendants have already notified the Court that the El Paso Independent School District Superintendent will be
attending the mediation but that she will not have complete authority to approve any agreements that arise from the
mediation, as the El Paso Independent School District Board of Trustees must give approval to a settlement of the
lawsuit by a majority vote at a properly noticed public meeting. Accordingly, the Board will not be attending the
mediation.
Instead, the parties have agreed that if a proposed settlement agreement were to be acceptable to both sides present at
the mediation, the agreement would subsequently be presented to the El Paso Independent School District Board of
Trustees, with the recommendation from outside counsel, general counsel for the District, and the District
Superintendent, that the Board approve the terms of the settlement. However, final approval will be subject to
independent approval by the Board.
3

Please note that the American Bar Association Standing Committee on Ethics and Professional Responsibility has
issued a Formal Opinion (No. 93-370) that precludes a lawyer, ABSENT INFORMED CLIENT CONSENT, from
revealing to a judge the limits of the lawyer’s settlement authority or the lawyer’s advice to the client regarding

2

Case 3:20-cv-00170-DB-ATB Document 117 Filed 09/01/22 Page 3 of 3

Mediations before the Court have proven more productive when the parties have previously
exchanged demands and offers and have made a good faith effort to settle the case on their own.
IT IS THEREFORE FURTHER ORDERED that Plaintiff shall submit a written
settlement demand to Defendant on or before Monday, September 19, 2022, with a copy to the
Court.
IT IS THEREFORE FURTHER ORDERED that Defendant shall likewise submit a
written offer to Plaintiff on or before Monday, September 26, 2022, with a copy to the Court.
The parties should be aware that at the outset of the mediation, the Court will usually ask
each party to give a brief, five-minute overview of the trial, including expected witnesses and
documentary evidence, and any crucial evidentiary issues. Most importantly, the parties are
reminded that the mediation will be confidential, and disclosure of confidential dispute resolution
communications is prohibited. See 28 U.S.C. § 652(d); W.D. Tex. Civ. R. 88.
SO ORDERED.
SIGNED and ENTERED this 1st day of September, 2022.

ANNE T. BERTON
UNITED STATES MAGISTRATE JUDGE

settlement. The opinion does not preclude a judge, in seeking to facilitate a settlement, from inquiring into those
matters. Therefore, please discuss these items with your client before appearing for the mediation.

3