In re Elpida Memory Inc.

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/20/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Elpida Memory Inc.
______________________________________________________________________
Steering Committee of the Ad Hoc Group
of Bondholders of Elpida Memory, Inc.,
Appellants,
v.
Yukio Sakamoto et al.,
Appellees.

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C. A. No. 13-558
Bankruptcy Case No. 12-10947
AP No. 13-25

RECOMMENDATION
At Wilmington this 20th day of May, 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, teleconferences were held on May 16 and 20, 2013, 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 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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