In re: East West Resort Development V LP LLLP et al

Filing 7

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/8/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: East West Resort Development V, L.P., L.L.L.P., et al.
_____________________________________________________________________
Northstar Village Association,

:
:
Appellant,
:
:
v.
:
:
Northstar Mountain Properties, LLC, et al., :
:
Appellees.
:

C. A. No. 14-1353
Bankruptcy Case No. 10-10452 (BLS)
BAP No. 14-35

RECOMMENDATION
At Wilmington this 8th day of December, 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, I find the issues
involved in this case are amenable to mediation and warrant proceeding through the
mediation process. I recommend this matter be referred to the mediation panel.
Both parties agree that mediation would be beneficial; however, they disagree
regarding the timing of mediation. Presently, there is a “tangentially” related matter
involved in litigation in California for which mediation is ongoing: the first mediation session
occurred on November 13, 2014 with a second mediation session to be scheduled in either
December 2014 or January 2015. Appellant wishes to delay mediation in the appeal in this

court until after completion of the California mediation to try to accomplish a “consensual
global resolution.”

Appellees desire to have mediation earlier and request a court-

appointed mediator with significant bankruptcy experience.
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(b)
Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for
this District and 28 U.S.C. § 636(b), this matter along with the companion matter Iron Horse
Condominium Association v. Northstar Mountain Properties, LLC, et.al., C.A. No. 14-1352
be referred to the mediation panel, with notification to the Clerk’s Office.
IT IS FURTHER ORDERED that after selection of the mediator from the
Panel, the mediator shall contact Chief Magistrate Judge Thynge regarding the prior
mediation statements submitted by the parties.
Through this Order, the parties are 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.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

2