In Re: Caribbean Petroleum Corp., et al.

Filing 7

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/16/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE: Caribbean Petroleum Corp., et al.
______________________________________________________________________
Intertek USA Inc.,

:
:
Appellant,
:
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v.
:
:
FTI Consulting Inc.,
:
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Appellee.
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__________________________________ :
:
:
Appellant,
:
:
v.
:
:
FTI Consulting Inc.,
:
:
Appellee.
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__________________________________ :

C. A. No. 13-732
Bankruptcy Case No. 10-12553 KG
Adv. No. 12-51001 KG
AP No. 13-34

Intertek USA Inc.,

C. A. No. 13-733
Bankruptcy Case No. 10-12553 KG
Adv. No. 12-51001 KG
AP No. 13-36

RECOMMENDATION
At Wilmington this 16th 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, the court performed an initial review based on information from
counsel to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, mediation at this
stage would not be a productive exercise, a worthwhile use of judicial resources nor

warrant the expense of the process. Further, the parties recently mediated the matters
without success using the services of an outside mediator.
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this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. In light of
the parties’ position on mediation, it does not appear objections will be 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