In Re: Gulfco Holding Corp.

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/4/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Gulfco Holding Corp.
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Gulfco Holding Corp.,
Appellant,
v.
Prospect Capital Corporation,
Appellee.

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C. A. No. 14-678
Bankruptcy Case No. 13-13113 (BLS)
AP 14-15

RECOMMENDATION
At Wilmington this 4th day of September, 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, a teleconference was held for an initial review and discussion with
counsel to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of that teleconference, an eleven hour global
mediation involving the Bankruptcy appeal and a related matter filed in a Texas state court
occurred on September 3, 2014;
WHEREAS, no resolution of this matter occurred and further mediation at this
stage would not be a productive exercise, a worthwhile use of judicial resources nor
warrant the expense of the process. The related Texas matter is scheduled for trial
beginning October 20, 2014, which may last up to three weeks.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. The parties have
advised there will be no objections filed 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.
IT IS FURTHER RECOMMENDED at the request of the parties that the following
briefing schedule be entered:
Appellant’s Opening Brief

December 12, 2014

Appellee’s Answering Brief

January 12, 2015

Appellant’s Reply Brief

January 26, 2015

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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