In re: Caribbean Petroleum Corp. et al

Filing 8

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/21/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Caribbean Petroleum Corp., et al.
_____________________________________________________________________
Holders of Claims asserted on Proof
:
of Claim No. 2263,
:
:
Appellant
: C. A. No. 13-820
:
v.
: Bankruptcy No. 10-12553
: Adv. Proc. No. 12-51001
FTI Consulting, Inc.,
: AP No. 13-42
:
Appellant
:
__________________________________ :
:
Holders of Claims asserted on Proof
:
of Claim No. 2263,
:
:
Appellant
: C. A. No. 13-821
:
v.
: Bankruptcy No. 10-12553
: AP No. 13-42
FTI Consulting, Inc.,
:
:
Appellant
:

RECOMMENDATION
At Wilmington this 21st 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 conducted an initial review, which included information from
counsel, to determine the appropriateness of mediation in these 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), these matters, which are companion matters to 13-720
and 13-731, previously recommended to be withdrawn from mandatory mediation, also be
withdrawn from the mandatory referral for mediation and proceed through the appellate
process of this Court. The parties are advised of their right to file 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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