Exide Technologies Stipulation Approval Sought


Exide Technologies filed with the U.S. Bankruptcy Court a mediation stipulation among the Debtor, the Texas Commission on Environmental Quality, the City of Frisco and the United States Department of Justice on behalf of the Environmental Protection Agency. The motion explains, “The Mediation Parties agree to participate in mediation for the purpose of attempting to resolve certain outstanding disputes between and among them. Consistent with Local Rule 9019-2(e), the Mediation Parties stipulate and agree that the Honorable Tony M. Davis, United States Bankruptcy Court Judge for the Western District of Texas, shall be the mediator, and mediation sessions shall be conducted in Austin, Texas on October 16 and 17, 2014, or such other dates as the parties may mutually agree….The mediation shall continue, from time to time, until it is terminated by any Mediation Party, by such party providing notice to the other Mediation Parties and the Mediator of its withdrawal from the mediation, provided, however, that no Mediation Party shall withdraw from the mediation or provide notice thereof before November 15, 2014….The Mediation Parties stipulate that upon entry of this Stipulation as an Order of the Bankruptcy Court, all (a) discussions among any of the Mediation Parties, including discussions with or in the presence of the Mediator, concerning the mediation, (b) subject to the exception below for information otherwise discoverable or admissible (e.g., data), any mediation statements, documents, or information provided to the Mediator or the Mediation Parties in the course of the mediation, and (c) subject to the exception below for information otherwise discoverable or admissible (e.g., data), any correspondence, draft statements, offers and counteroffers produced in connection with the mediation shall (i) be strictly confidential and not subject to discovery and (ii) shall not be admissible in any judicial or administrative proceeding.”

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