In Re: DBSI Inc. et al

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 6/12/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: DBSI Inc., et al.
______________________________________________________________________
Wavetronix LLC,
Appellant,
v.
Conrad Myers, et al.,
Appellees.

:
:
:
:
:
:
:
:
:

C. A. No. 13-976
Bankruptcy Case No. 08-12687
AP No. 13-43

RECOMMENDATION
At Wilmington this 12th day of June, 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 are not
presently amenable to mediation and in light of the parties’ previous unsuccessful attempts
to mediate, 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. Because of the
parties request to withdraw this matter from mandatory 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

2