Case 2:12-cv-00089-JRG Document 708 Filed 06/03/15 Page 1 of 3 PageID #: 30701

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

UNITED STATES OF AMERICA EX REL.

JOSHUA HARMAN,

Relator / Plaintiff,

v.

TRINITY INDUSTRIES, INC. and

TRINITY HIGHWAY PRODUCTS, LLC,

Defendants.

CASE NO. 2:12-CV-00089-JRG

ORDER
The Court enters this Order sua sponte. The Court is mindful that a unanimous jury verdict
was rendered in this case on October 20, 2014. Soon thereafter, on October 28, 2014, the Court sua
sponte ordered the parties to engage in earnest and good faith post-verdict mediation with
Professor Francis McGovern serving as Mediator. (Dkt. No. 588). On December 30, 2014, the
Mediator filed a report in this Court indicating that initial mediation sessions had yielded positive
results and suggested that continued mediation will benefit both the parties and the Court. (Dkt.
No. 620). With this information, the Court extended mediation for this case. (Dkt. No. 621). In the
intervening period, the Court held hearings and status conferences on January 29, 2015, and March
3, 2015, to deal with issues raised by the parties. On April 17, 2015, the Court received a report
from the Mediator indicating that it would be worthwhile to continue engaging in the mediation
process and requesting additional time to mediate. (Dkt. No. 698). The Mediator periodically
reported to the Court, and on May 14, 2015, the Mediator filed another Report, stating that the
[t]he status of the mediation process is unchanged. (Dkt. No. 706). On May 29, 2015, the

Case 2:12-cv-00089-JRG Document 708 Filed 06/03/15 Page 2 of 3 PageID #: 30702

Mediator filed another Report stating that [t]he case has not settled as of this date. (Dkt. No.
707).
While the Court recognizes the merit of alternative dispute resolution, it cannot leave the
jurys verdict unattended much longer and only extended the delay in acting as to the outstanding
post-verdict matters because the parties appeared to be making progress toward an agreement
herein. Consequently, the Court deems it proper to set a status conference in this matter for 9:00
a.m. (central time) on Tuesday, June 9th, 2015, so that the Court can be appraised by the parties
themselves (and the Mediator) as to whether or not a negotiated settlement or a Mediators
proposal has been accepted by all parties. If it has, then the Court plans to entertain reasonable
requests from the parties for a further delay in the entry of a JMOL order and a final judgment;
however, if not, then the Court sees no reason to further delay its ruling on the pending JMOL
motions or entering judgment, and will proceed to do so without further delay.
ACCORDINGLY, IT IS ORDERED that the parties herein shall appear before the Court
telephonically at 9:00 a.m. (central time) on Tuesday, June 9th, 2015, by calling into 903.938.8452
such that said status conference can be conducted by the Court and on the record. Each party shall
appear through counsel fully empowered to represent his or her clients positions in this regard in a
binding fashion; further, no party shall appear by means of a telephone with a cellular connection
but all parties shall appear via a land-line connection only. The Mediator shall also appear
telephonically. The Mediator shall direct and assign responsibility among the parties as to who
shall be responsible among the parties to secure the conference call connection with the Court and
ensure that all parties are on the conference call and can be heard and understood by 9:00 a.m.
central time on Tuesday, June 9th, 2015.

Case 2:12-cv-00089-JRG Document 708 Filed 06/03/15 Page 3 of 3 PageID #: 30703