In re: DBSI Inc. et al

Filing 5

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/9/2012. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: DSBI Inc. Et al
______________________________________________________________________
Wavetronix LLC,
Appellant,
v.
James R. Zazzali, et al.,
Appellees.

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C. A. No. 12-1217-GMS
Bankruptcy Case No. 08-12687
Adv. Pro. No. 10-55963
BAP 12-47

RECOMMENDATION
At Wilmington this 9th day of October, 2012.
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, a teleconference was held on October 9, 2012 for an initial review
and discussion with 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 does not appear to
be a productive exercise, a worthwhile use of judicial resources or warranting the expense
of the process.
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 along with the companion matters 12-1215
and 12-1216 be withdrawn from the mandatory referral for mediation and proceed through

the appellate process of this Court.
Local counsel are reminded of their obligations to inform out-of-state counsel
of this Order. To avoid the imposition of sanctions, counsel shall advise the Court
immediately of any problems regarding compliance with this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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