In re: Daniel Zacharias

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/11/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE:

:
:
DANIEL J. ZACHARIAS
:
:
Debtor.
:
__________________________________ :
:
JOHN ZACHARIAS and DARLENE
:
ZACHARIAS,
:
:
Appellants,
:
:
v.
:
:
CHARLES M. FOREMAN, Trustee,
:
:
Appellee.
:

Bankruptcy Case No. 12-12620 (CSS)
Bankruptcy Case No. 13-50865 (CSS)
AP 14-22

C. A. No. 14-933-RGA

RECOMMENDATION
At Wilmington this 11th 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 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. The central issue on appeal with whether the stipulation of dismissal of the
Trustee’s Adversay Complaint should be enforced. Appellant is seeking equitable relief,

specifically that the Chapter 7 Trustee honor the stipulation and defend dismissal of the
Adversary Proceeding over the objection of the primary creditor. In addition, there is an
mediation schedule in the underlying Bankruptcy Court matter. Although Appellee feels this
matter might be resolved through mediation, it concurs with proceeding through the current
Bankruptcy Court 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. In light of the
parties’ position, it is doubtful any objections to this Recommendation will be filed 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 adopted:
Appellant’s Opening Brief

Monday, September 22, 2014

Appellee’s Answering Brief

Friday, October 24, 2014

Appellant’s Reply Brief

Monday, November 10, 2014

Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

2