In Re: Conex Holdings LLC et al.
Filing
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Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/27/14. (cak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Conex Holdings, LLC et al.
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Charles A. Stanziale Jr., in his capacity
as the Chapter 7 Trustee of Conex
International LLC, formerly known as
Conex International Corporation,
Appellant,
v.
Car-Ber Testing, Inc.,
Appellee.
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C. A. No. 14-179-LPS
Bankruptcy Case No. 12-51132 (CSS)
AP No. 14-01
RECOMMENDATION
At Wilmington this 27th 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. The appeal involves application of of pure legal issues and neither party desires
mediation at this stage.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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’ position regarding mediation, it is doubtful 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 be filed
or pursued.
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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