CAUSE NO. 18-6796-393
JOHN T. THORNGREN,
IN THE DISTRICT COURT OF
PLkINTEFF,
DENTON COUNTY, TECAS
DENTON COUNFP! APPRAISAL
DIsfRic-r,
DEFEN'DA NT.
393 D JUDICIAL DISTRICT
DEFENDANT'S MOTION TO REFER CASE TO MEDIATION
TO THE HONORABLE FUDGE OF SAID COURT:
COMES NOW Defendant Denton Central Appraisal District ("DentonCAD") and
files this Motion to Refer Case to Meilialion (the "%lotion") and would respectfully show
the Court as follows:
1.
The case was filed on August 3, 2018. Plaintiff John T. Thorngren, pro se
("Plaintiff"). is seeking relief against DentonCAD under various provisions
If Chapter 42
of the Texas Tax Code,'
To date, the parties have exchanged a limited amount of written discover:
and for the past several months.. DentonCAD has been endeavoring to engage in
settlement discussions with Plaintiff.
3.
DentonCAD has come to believe that this case may have a better chance to
be resolved via participating in a mediation because it will promote a peaceable
resolution of the underlying dispute and because the cost and expense of preparing for
See "'Plaintiff's Amended Re-plead Petition for Statutory Basis" filed on November 14, 2018.
DEFENDANTS MOTION TI) REFER CASE TO 'MEDIATION
Page 1
and proceeding to trial in this matter will be significantly greater than the cost of
participating in mediation.
4.
Moreover, pursuant to Section 42226 of the Texas Tax Code, parties to a
proceeding filed under Chapter 42 of the Texas Tax Code have a mandatory right to
participate in mediation,
5.
Accordingly,. DentonCAD respectfully asks this Court to enter on order
compelling the parties to participate in a half-day mediation with Richard Abernathy,
Esq., Beth Krugler, F_sq,
(both of whom are experienced attorney-mediators that have
successfully mediated disputes between appraisal districts and property owners) or
another qualified attorney-mediator to be appointed by the Court.
DentonCAD further respectfully requests that the Court order the parties
to schedule and complete the Court-ordered mediation of this matter on or before May
31,2019,
7.
DentonCAD further respectfully requests that the Court enter an order
ctinfirrning that the cos13 of mediation shall be equally born by the parties.
8.
Counsel for DentonCAD has conferred with PLiintiff about the %lotion, and
Plaintiff has indicated that he is opposed to the relief requested.
WHERETORE, PREMISES CONSIDERED, DentonCAD prays that this Motion be
granted and that this cause of action be ordered to mediation with Richard Abernathy, Esq,
Beth Krugler, Esq. or another qualified attorney-mediator to be appointed by the Court,
Defendant seeks such other and further relief to -which it may show itself justly entitled.
DEFENDANT'S MOTION TO REFER CASE TO MEDIATION
rags* 2
Respectfully submitted,
SHACKELFORD, BOWEN, MCKiNtri Sr
NORTON. LLP
David B. Tabor
State Bar No
24037577
9201 N. Central Expressway
Fourth Floor
Dallas, Texas 75231
Telephone: 214.780.1400
Facsimile: 214.780.1401
Email: dtabor4shackelford_law
ATTORNTYS FOR DEFENTDANFT DEN-TON CENTRAL
AI'I'RAISAI. DIsTRict
CERTIFICATE OF CONFERENCE
On lanuary 23, 2019, the undersigned conferred with John T. Thorrigren. Plaintiff,
regarding the relief sought in the ]Motion. Mr. Thorngren indicated that he is opposed to
the relief sought in the Motion.
is/ David B. Tabor
CERTIFICATE OF SERVICE
I hereby certify that on January 23, 2019, the above and foregoing was served, in
accordance with Rule 21a, on the following:
John T. Thorngren, Pro Se
P. 0. Box 718
Lake Dallas, Texas 75076
T A NDcorp4Charter.net
/5/ David B Tabor
DEFENDANT'S MOTION TO REFER CASE TO MEDIATION
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