In Re: Don Scioli
Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/23/13. (cak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Don Scioli
Alfred T. Giuliano, Chapter 7 Trustee,
C. A. No. 13-369-RGA
Bankruptcy Case No. 12-10572 (CSS)
AP No. 13-12
At Wilmington this 23rd day of April, 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 on April 2, 2013 for an initial review and
discussion with counsel to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of that teleconference, follow up telephonic mediation
occurred on April 12, 2013 and April 23, 2013
WHEREAS, no resolution of this matter occurred and 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 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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