In re: Jevic Holding Corp. et al

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/20/13. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: JEVIC HOLDING CORP., et al.
Casimir Czyzewski, et al.,
Appellants,

v.

C. A. No. 13-1127-SLR

Sun Capital Partners, Inc.,
Appellee

Bankruptcy Case No. 08-11006
Adv. Pro. No. 08-50662
BAP No. 13-52

AUG 2 0 2013

RECOMMENDATION
At Wilmington this 20th day of August , 2013.

FILED

U.S. DISTRICT COURT DISTRICT OF Da.AWARE

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 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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 advised they would not file objections to this Recommendation pursuant to 28

U.S.C. § 636(b)(1 )(8), 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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