The purpose of the 10/4 letter filed by Daics lawyer, which references a mediation, was an agreement to extend the discovery deadline to 10/17. The full text states:
"In light of upcoming mediation in this matter, this letter will confirm our agreement to extend the deadline to file any supplemental materials, dicovery answers, etc. that are normally due thirty-days prior to trial pursuant to the Texas Rules of Civil Procedure, until October 17, 2007."
IMHO, I would suspect they had the mediation this past week. Why extend the date "in light of upcoming mediation" to a date prior to the mediation? IMHO the point of the extension is the hope of resolving at mediation and not having to continue further. Furthermore, why cancel the hearing Monday, unless something positive developed.
I try not to be overly optimistic with these matters, but this is the best I've felt about the trial yet.