In re: AFA Investment Inc. et al

Filing 8

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/2/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE: AFA Investment Inc., et al.
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Greater Omaha Packing Co., Inc., et al.,
Appellants,
v.
AFA Investment Inc., et al.,
Appellees.

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C. A. No. 13-1416-RGA
Bankruptcy Case No. 12-11127
BAP No. 13-72

RECOMMENDATION
At Wilmington this 2nd day of December, 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 written
information from counsel submitted on August 29, 2013, to determine the appropriateness
of mediation in this matter;
WHEREAS, as a result of the above screening process, and the parties’ joint
request for referral to mediation, a recommendation for referral to the Appellate Mediation
Panel was made, which was adopted by Judge Andrews on October 4, 2013.
WHEREAS, since the referral, the Panel mediator and the parties held
several teleconferences, as well as separate communications among the parties without
the Panel mediator. As a result of those communications, the parties and the Panel
mediator concluded mediation would not help resolve the appeal, and mediation at this

stage would not be a productive exercise, nor warrant the expense of the process. The
parties made a joint request to withdraw this matter from the mandatory mediation process
by letter dated November 26, 2013.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. In light of the
parties’ joint request, it is not anticipated the parties will file 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.
IT IS FURTHER RECOMMENDED that the parties’ proposed briefing schedule as
contained in their joint letter of November 26, 2013 be adopted. The proposed schedule
is as follows:
January 13, 2014

Appellants’ opening brief on appeal due
Appellee’ opening brief on motion to dismiss due

February 13, 2014

Appellees’ response brief due
Appellants’ response brief to Appellants’ motion
to dismiss due

March 6, 2013

Appellants’ reply brief due
Appellees’ reply brief in support of their motion to
dismiss due

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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