Filed: Dec. 20, 2018
Latest Update: Dec. 20, 2018
Summary: RECOMMENDATION Bankruptcy Case No. 14-10979 (CSS) BAP 18-00051 MARY PAT THYNGE , Chief Magistrate Judge . At Wilmington this 20 th day of December, 2018 . WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter; WHEREAS, as a result
Summary: RECOMMENDATION Bankruptcy Case No. 14-10979 (CSS) BAP 18-00051 MARY PAT THYNGE , Chief Magistrate Judge . At Wilmington this 20 th day of December, 2018 . WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter; WHEREAS, as a result ..
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RECOMMENDATION
Bankruptcy Case No. 14-10979 (CSS)
BAP 18-00051
MARY PAT THYNGE, Chief Magistrate Judge.
At Wilmington this 20th day of December, 2018.
WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, the issues involved in this case are not amenable to mediation and mediation at this stage would not be a productive exercise, a worthwhile use of judicial resources nor warrant the expense of the process.
The parties have engaged in informal discussions regarding the issues to this appeal, but have not reached a consensual resolution. The parties request that the following briefing schedule be entered:
Appellant's Opening Brief 42 days from the date this Court enters an
order approving a briefing schedule in this
appeal
Appellees' Opening Brief 42 day after service of Appellant's opening
brief
Appellant's Reply Brief 21 days after service of Appellees' Opening
Brief
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a) Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. No objections are anticipated to this Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1 because the Recommendation is consistent with the parties' request.
Local counsel are obligated to inform out-of-state counsel of this Order.
