In re: ZCO Liquidating Corporation

Filing 10

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/24/14. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: ZCO Liquidating Corporation
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Leo Jegen, Vincent M. Monnier,
Shih Leng Tan, Len C. Villacres,
Appellants,
v.
ZCO Liquidating Corporation (f/k/a
Technology Group Inc.), et al.,
Appellees.

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C. A. No. 14-1448-RGA
Bankruptcy Case No. 13-13126 (PJW)
BAP No. 14-42

RECOMMENDATION
At Wilmington this 24th 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, a mediation report was provided by the parties and a teleconference
was held on December 23, 2014 for review and discussion with 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.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 were
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.
IT IS FURTHER RECOMMENDED consistent with the parties’ agreement, that
should the matter be withdrawn from mandatory mediation, the court adopt the following
brief schedule:
Appellants’ Opening Brief

December 31, 2014

Appellee Brief

January 30, 2015

Appellants’ Reply Brief

February 9, 2015

In light of the timing of the proposed briefing schedule, the parties were directed to
proceed with that schedule.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE