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)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: ZCO Liquidating Corporation _____________________________________________________________________ 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. : : : : : : : : : : : 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court.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 IT IS FURTHER RECOMMENDED consistent with the parties’ agreement, that should the matter be withdrawn from mandatory mediation, the court adopt the following brief schedule: Appellants’ Opening Brief December 31, 2014 Appellee Brief January 30, 2015 Appellants’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

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