In re: Tribune Company et al

Filing 8

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/9/13. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Tribune Company, et al.
______________________________________________________________________
Jo Anna Canzoneri McCormick,
Appellant,
v.
Tribune Company, et al.,
Appellees.

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C. A. No. 13-1584-GMS
Bankruptcy Case No. 08-13141
AP 13-87

RECOMMENDATION
At Wilmington this 9th day of October, 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, a teleconference was scheduled on October 9, 2013 for an initial
review and discussion with the pro se appellant and counsel for the appellees to determine
the appropriateness of mediation in this matter. The appellant did not participate in the
teleconference. During the teleconference with counsel, the court was advised that a letter
had been sent on September 30, 2013 to appellant by overnight mail via FedEx which
provided a dial in number and the date and time of the teleconference. After receiving
confirmation from FedEx that the letter had been received, counsel for appellees attempted
to contact appellant by telephone to re-confirm she received the dial in information, using
the telephone number appellant provided on her appeal documents. During that attempt,
counsel was advised that the number had been disconnected. The court confirmed that

that telephone number is the same number appellant provided to the court;
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.

The failure of appellant to update or provide contact information made

communication with her difficult, if not impossible. Further, appellees have filed with this
court a motion to dismiss the appeal on the bases of lack of jurisdiction and the
untimeliness of the appeal.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. Counsel for
appellees advised there will be no objections filed on behalf of their clients 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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