In re: Longview Power LLC, et al.
Filing
9
Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/21/14. (cak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: LONGVIEW POWER LLC
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FIRST AMERICAN TITLE INSURANCE
COMPANY,
Appellant,
v.
LONGVIEW POWER LLC,
Appellee.
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C. A. No. 14-987
Bankruptcy Case No. 13-12211-BLS
AP No. 14-29
RECOMMENDATION
At Wilmington this 21st 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, since the parties have been and are presently involved in
mediation, requiring a new mediation in this court with a different mediator would not be
productive 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. Since the parties
jointly requested this matter be removed from mandatory mediation, objections will not be
filed to this Recommendation under 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 entered: appellant’s opening brief due three weeks after an order
approving a briefing schedule is entered; appellees’ responsive brief due three weeks after
the opening brief is filed and appellant’s reply brief due within seven days after the
responsive brief is filed.
Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE
2
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