RECOMMENDATION

Adv. No. 19-50095 (CSS)

MARY PAT THYNGE, Chief Magistrate Judge.

At Wilmington this 27th day of February, 2020.

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.

Appellants appealed from the Order entered by the Honorable Brennan Shannon on January 29, 2020. Previously, the parties engaged in mediation before the Honorable Andrew J. Peck (ret.). The parties and counsel attend an in-person mediation session on September 27, 2019 which did not resolve their dispute. Since the appeal raises issues of law which are unlikely to be resolved through mediation in this Court, the parties request that this matter be removed from mandatory mediation.

The parties also propose the following briefing schedule on this appeal:

THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a) of the 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. Since this Recommendation is consistent with the parties' request, no objections 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 are anticipated.

Local counsel are obligated to inform out-of-state counsel of this Order.