Sebastian v. Shearman & Sterling LLP et al

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/23/15. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: Worldspace Inc. et. al.

MathewKutty Sebastian,
Appellant,

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C. A. No.15-25-GMS
Bankruptcy Case No. 08-12412 (PJW)
AP No. 14-45
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Robert A. Schmitz, Shearing &
Sterling, LLP, Quest Turnaround
Advisors LLC,

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RECOMMENDATION

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At Wilmington this 23rd day of February , 2015.
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 teleconference was held on February 23, 2015 for an initial
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. The parties agree with this assessment and request to
proceed with the appellate process.
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a)

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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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 advised there will be no objections filed to this Recommendation pursuant to 28
U.S.C. § 636(b)(1 )(8), FED. R. C1v. P. 72(a) and D. DEL. LR 72.1.
Local counsel are obligated to inform out-of-state counsel of this
Order.

Isl Mary Pat Thynqe
UNITED STATES MAGISTRATE JUDGE

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