In re: Allied Systems Holdings Inc. et al.

Filing 7

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/1/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Allied Systems Holdings Inc. et al.
_____________________________________________________________________
Yucaipa American Alliance Fund H LP,

:
:
Appellants,
:
:
v.
: C. A. No. 13-1580-SLR
:
BDCM Opportunity Fund II, et al.,
: Bankruptcy Case No. 12-11564
: ADV No. 13-50530
Appellees.
: AP No. 13-86
_____________________________________________________________________
IN RE: Allied Systems Holdings Inc. et al.
_____________________________________________________________________
Yucaipa American Alliance Fund H LP,

:
:
Appellants,
:
:
v.
: C. A. No. 13-1583-SLR
:
BDCM Opportunity Fund II, et al.,
: Bankruptcy Case No. 12-11564
: ADV No. 13-50947
Appellees.
: AP No. 13-84
_____________________________________________________________________
RECOMMENDATION
At Wilmington this 1st 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 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. Further, the parties, as directed by the Bankruptcy Court on October 24, 2013,
are required to proceed with additional mediation sessions with The Honorable Robert
Drain.
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this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. The parties
were advised 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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