In Re: Vaso Active Pharmaceuticals Inc.

Filing 9

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/9/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Vaso Active Pharmaceuticals, Inc.
_____________________________________________________________________
John J. Masiz,

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Appellant,
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v.
: C. A. No. 13-169-LPS
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Jeoffrey L. Burtch, Avoidance Active
: Bankruptcy Case No. 10-10855 CSS
Trustee,
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: BAP 13-2
Appellee.
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_____________________________________________________________________
IN RE: Vaso Active Pharmaceuticals, Inc.
_____________________________________________________________________
Joseph F. Frattaroli,
Appellant,
v.
Jeoffrey L. Burtch,
Appellee.

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C. A. No. 13-170-LPS
Bankruptcy Case No. 10-10855 CSS
Adv. Pro. No. 11-52005
BAP 13-3

RECOMMENDATION
At Wilmington this 9th day of October, 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, a teleconference was held for an initial review and discussion with
counsel to determine the appropriateness of mediation in these matters;
WHEREAS, as a result of that teleconference, mediation occurred on

March 19, 2013:
WHEREAS, no resolution of these matters occurred as a result of the
March 2013 mediation. Numerous follow up private and joint teleconferences occurred
with counsel regarding their respective client’s positions on resolution and further
mediation, as well as follow up letters from the parties, which included reporting on the
related matters in Bankruptcy Court that would have an effect on further mediation. The
most recent follow up teleconference occurred on September 23, 2013, after which the
parties were required to provide written submissions regarding their positions on
settlement/mediation. Thereafter, the court had further private teleconferences with
counsel, including counsel who had represented former parties to the Bankruptcy Court
related matters. As a result, I conclude further 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), these matters withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. Through
this Order, the parties are advised of their right to object 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

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