In re: New Century TRS Holdings Inc.

Filing 9

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/19/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: New Century TRS Holdings Inc., et al.
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Kimberly Cromwell,
Appellant,
v.
New Century Liquidating Trust,
Appellee.

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C. A. No. 14-822-SLR
Bankruptcy Case No. 07-10416 (BLS)
AP No. 14-26

RECOMMENDATION
At Wilmington this 19th 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, a teleconference was held on August 19, 2014 for an initial review
and discussion 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. Neither party desires to proceed with mediation.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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.
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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