In re: SCH Corp. et al

Filing 7

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/7/2012. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: SCH Corp., et al.
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CFI Class Action Claimants,
Appellants,
v.
Carl Singley,
Appellee.

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C. A. No. 12-1577-SLR
Bankruptcy Case No. 09-10198
BAP 12-57

RECOMMENDATION
At Wilmington this 7th day of December, 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 December 6, 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 would not be a
productive exercise, a worthwhile use of judicial resources nor warrant 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral
for mediation and proceed through the appellate process of this Court. The parties have

advised there will be no objections filed pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV.
P. 72(a) and D. DEL. LR 72.1 to this Recommendation.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE