In re: Metavation LLC

Filing 16

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/6/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: Revstone Industries LLC
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Official Committee of Unsecured
Creditors of Revstone Industries LLC,
Appellant,
v.
Metavation LLC,
Appellee.

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C. A. No. 13-1469-GMS
AP No. 13-85

RECOMMENDATION
At Wilmington this 6th day of November, 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 involved a review of
the record, 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. Appellant has filed an emergency motion for stay, an
emergency motion for expedited hearing on the motion to stay, an emergency motion to
expedite appeal and relief from mediation, and an emergency motion to expedite
hearing on the emergency motion for expedited appeal and relief from mediation (D.I. 2-

3, 6-7). These motions are opposed by appellee (D.I. 9). The court reviewed those
briefs, and it does not appear either side is interested in mediation.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 are advised through this Order of their right to 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.
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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