In re: Optim Energy LLC, et al.

Filing 13

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation and setting briefing schedule. Signed by Judge Mary Pat Thynge on 7/8/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Optim Energy LLC, et al.
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Walnut Creek Mining Company,
Appellant,
v.
Cascade Investment LLC, et al.,
Appellees.

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C. A. No. 14-738

RECOMMENDATION
At Wilmington this 8th day of July, 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. Specifically given the nature of the dispute, the parties contend mediation is not
appropriate and not likely to result in a consensual resolution. The issues on appeal are
primarily legal concerns in which the appellant alleges judicial error in the Bankrutpcy
Court’s ruling that it failed to allege a colorable claim against the appellee and appellant
seeks nunc pro tunc relief from this court to May 14, 2014. Since the parties’ disagreement

on the issues is irreconcilable, mandatory mediation will delay judicial resolution and
unnecessarily increase litigation costs and will not facilitate efficient, expeditious or
amicable 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral
for mediation and proceed through the appellate process of this Court. In light of the
parties joint request for removal from mandatory mediation and being advised of their right
to file 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 in this order, it is unlikely any
objections to this Recommendation will be filed.
IT IS FURTHER RECOMMENDED at the request of the parties, that the following
briefing schedule be entered:
Appellant’s opening brief

July 21, 2014

Appellees’ answering brief

August 20, 2014

Appellant’s reply brief

September 4, 2014

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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