In re: Energy Future Holdings Corp. et al.
Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/14/14. (cak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENERGY FUTURE HOLDINGS CORP.,
CSC TRUST COMPANY OF DELAWARE, :
ENERGY FUTURE HOLDING CORP.,
Bankruptcy Case No. 14-10979 (CSS)
C. A. No. 14-723-RGA
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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
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
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
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