To be discussed at Mediation to be completed

Scheduling Conference If the parties agree that mediation is an option, the Court will

appoint a mediator or the parties will mutually agree upon a

mediator. If the parties choose the mediator, they are to

inform the Court by letter the name and address of the

mediator. The courtroom deputy will immediately mail out

a “mediation packet” to the mediator for the case. The

mediator shall be deemed to have agreed to the terms of Court

Ordered Mediation Plan of the United States District Court of

the Eastern District of Texas by going forth with the

mediation. General Order 99-2.

Case 2:05-cv-00494-TJW Document 76 Filed 06/13/2006 Page 11 of 23

12

July 5, 2006 Scheduling Conference (All attorneys are directed to Local

Rule CV-16 for scope of the Scheduling Conference).

The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the event

a party fails to oppose a motion in the manner prescribed herein the court will assume that the party

has no opposition.” Local Rule CV-7(e) provides that a party opposing a motion has 12 days, in

addition to any added time permitted under Fed. R. Civ. P. 6(e), in which to serve and file a

response and any supporting documents, after which the court will consider the submitted motion

for decision