In re: Irish Bank Resolution Corporation Limited

Filing 7

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/18/14. (kjk) Modified on 2/18/2014 (kjk).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re: Irish Bank Resolution Corporation Limited

John Flynn, Sr., et al.,
Appellants,

v.

C. A. No. 14-108

Kieran Wallace, et al.,

Bankruptcy Case No. 13-12159 (CSS)
AP No. 13-116
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, 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. In light of the nature of the dispute and the legal issues
involved, neither appellants nor appellees wish to pursue mediation, and both believe
mediation will not result in a consensual resolution
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the m,aZ~Ct~~

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referral for mediation and proceed through the appellate process of this Court. In light
of the parties' joint request to be relieved of mandatory mediation, the court
understands no filing of objections to this Recommendation pursuant to 28 U.S.C. §
636(b)(1 )(8), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1 will occur.
Local counsel are obligated to inform out-of-state counsel of this Order.

Is/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE