In re Allied Systems Holdings Inc et al

Filing 9

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: Allied Systems Holdings Inc. et al.
______________________________________________________________________
Yucaipa American Alliance Fund I LP et al., :
:
Appellants,
:
:
v.
:
:
BDCM Opportunity Fund II LP et al.,
:
:
Appellees.
:

C. A. No. 13-533
Bankruptcy Case No. 12-11564
BAP No. 13-29

RECOMMENDATION
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 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
on appeal are not amenable to mediation and mediation in this case would not be a
productive exercise, a worthwhile use of judicial resources nor warrant the expense of the
process. The parties have mediation scheduled in early May 2013 which will address global
issues involving adversary proceedings, including this matter.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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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