In Re: Caribbean Petroleum Corp., et al.

Filing 7

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/16/13. (cak)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: Caribbean Petroleum Corp., et al. ______________________________________________________________________ Intertek USA Inc., : : Appellant, : : v. : : FTI Consulting Inc., : : Appellee. : __________________________________ : : : Appellant, : : v. : : FTI Consulting Inc., : : Appellee. : __________________________________ : C. A. No. 13-732 Bankruptcy Case No. 10-12553 KG Adv. No. 12-51001 KG AP No. 13-34 Intertek USA Inc., C. A. No. 13-733 Bankruptcy Case No. 10-12553 KG Adv. No. 12-51001 KG AP No. 13-36 RECOMMENDATION At Wilmington this 16th day of May, 2013. 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 performed an initial review based on information from counsel to determine the appropriateness of mediation in this matter; WHEREAS, as a result of the above screening process, mediation at this stage would not be a productive exercise, a worthwhile use of judicial resources nor warrant the expense of the process. Further, the parties recently mediated the matters without success using the services of an outside mediator. 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. In light of the parties’ position on mediation, it does not appear objections will be filed 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. Local counsel are obligated to inform out-of-state counsel of this Order. /s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE