In Re: Fisker Automotive Holdings Inc. et al

Filing 37

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/18/14. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Fisker Automotive Holdings Inc. et al.

Hybrid Tech Holdings LLC,
Appellant,

C. A. No. 14-99

v.
Official Committee of Unsecured Creditors, :

Bankruptcy Case No. 12-13087 (KG)
AP No. 14-2

Appellees.

RECOMMENDATION
At Wilmington this 18th day of February, 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, appellant has requested emergency relief from this court by
filing an emergency motion including entry of an order for expediting appeal of credit bid
decision, shortening the briefing schedule and by passing appellate mediation. 1
Appellant has also filed an emergency motion for certification for direct appeal from the
Bankruptcy Court's Order Limiting Credit Bid to the Third Circuit. 2 Such requests and
its position that mediation, in light of the time table, would be neither effective nor
useful, demonstrate that the issues involved are not amenable to mediation and

1

2

D.l. 20.
D.l. 9.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Through
this Recommendation, the parties are advised of their right to file objections to this
Recommendation pursuant to 28 U.S.C. § 636(b)(1 )(B), FED. R. C1v. 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