In re: Specialty Products Holding Corp., et al.

Filing 16

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/28/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: Specialty Products Holding Corp., et al.
_____________________________________________________________________
Specialty Products Holding Corp. &
Bondex International Inc.,
Appellant,
v.
Official Committee of Asbestos Personal
Injury Claimants, et al.,
Appellees.

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C. A. No. 13-1244-SLR
Bankruptcy Case No. 10-11780 (JKF)
AP No. 13-56

In re: Specialty Products Holding Corp., et al.
_____________________________________________________________________
RPM International Inc.,
Appellant,
v.
Official Committee of Asbestos Personal
Injury Claimants, et al.,
Appellees.

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C. A. No. 13-1245-SLR
Bankruptcy Case No. 10-11780 (PJW)
AP No. 13-59

RECOMMENDATION
At Wilmington this 28th day of August , 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 matters;

WHEREAS, as a result of the above screening process, the issues
involved in these cases 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 as follows that:
1. 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matters be withdrawn from the mandatory referral for mediation and proceed through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.
2. Because of the relationship between the above-captioned matters and the
matter of Speciality Products Holding Corp., et. al. v. Official Committee of Asbestos
Personal Injury Claimaints, et. al., C.A. No. 13-194-SLR, in which Appellees’ motion to
dismiss the appeals in pending, at the parties’ request, that these three matters be
consolidated.
3. In light of the Appellees’ motion to dismiss the Appeals and Appellants’
motions requesting their Appeals be certified pursuant to 28 U.S.C. § 158(d)(2) for
direct review by the Third Circuit, the parties jointly request that briefing for the filing of
merits briefing be deferred pending resolution of the aforementioned motions.
The parties will not be filing objections 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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