In re: Energy Future Holdings Corp. et al.

Filing 26

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/14/14. (cak)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: : : ENERGY FUTURE HOLDINGS CORP., : et al., : : Debtor. : __________________________________ : : CSC TRUST COMPANY OF DELAWARE, : : Appellant, : : v. : : ENERGY FUTURE HOLDING CORP., : et al., : : Appellee. : Bankruptcy Case No. 14-10979 (CSS) C. A. No. 14-723-RGA RECOMMENDATION At Wilmington this 14th day of August, 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 in writing from counsel and a teleconference on August 8, 2014, to determine the appropriateness of mediation in this matter; WHEREAS, as a result of the above screening process, 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. Counsel advised there would be no objections pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1 to the Recommendation to remove this matter from mandatory mediation. IT IS FURTHER RECOMMENDED at the request of the parties that the following briefing schedule be ordered on PIMCO’s Motion to Intervene, CSC’s appeal and motion to dismiss appeal, if filed: August 25, 2014 Opposition brief due to PIMCO’s Intervention Motion September 1, 2014 Reply brief due from PIMCO on Intervention Motion September 23, 2014 CSC Opening brief due in support of its appeal with 50 page limit requested October 3, 2014 Opening brief due on dismissal of appeal, if filed, with 20 page limit requested. October 21, 2014 Opposition briefs due of EFIH and PIMCO, if permitted to intervene, on CSC appeal, with a 50 page limit for each brief requested. Opposition due to motion to dismiss appeal with a 20 page limit requested. November 7, 2014 CSC reply brief due in support of its appeal, with the following page limit requested: a 25 page limit plus half the number of pages filed by PIMCO in its opposition 2 brief. Reply brief in support of motion to dismiss with a 10 page limit requested. Local counsel are obligated to inform out-of-state counsel of this Order. /s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE 3

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