In re: AFA Investment Inc., et al.

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation and setting briefing schedule. Signed by Judge Mary Pat Thynge on 1/27/14. (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., and
Continental Casualty Company and its
North American insurance affiliates,
Appellants,
v.
AFA Investment Inc., et al.,
Appellees.

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C. A. No. 13-2097-RGA
Bankruptcy Case No. 12-11127 (MFW)
BAP No. 13-111

RECOMMENDATION
At Wilmington this 27th day of January, 2014.
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.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 desire to proceed with briefing, 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 will not be filed.
IT IS FURTHER RECOMMENDED pursuant to the parties’ request that the following
briefing schedule be approved:
March 1, 2014

Appellants’ opening brief due

March 31, 2014

Appellees’ response brief due

April 11, 2014

Appellants’ reply brief due

Briefing shall comply with D. DEL LR 7.1.3(a)(4), with opening and response briefs
limited to twenty (20) pages and the reply brief limited to ten (10) pages.
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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