In re: Nortel Networks Inc.

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation: Briefing schedule shall be as follows: Appellant's opening brief due March 30, 2015, and Appellees' opening briefs due May 18, 2015, with the opening briefs not to exceed 30 pages ( or 14,000 words in the event such brief exceeds 30 pages ) and Appellants' reply brief due June 15, 2015, with the reply brief not to exceed 15 pages ( or 7,000 words in the event such brief exceeds 15 pages.. Signed by Judge Mary Pat Thynge on 2/20/15. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: Nortel Networks, Inc. et al.

Ernst & Young Inc.,
Appellant,

v.

C. A. 15-105-LPS

Nortel Networks Inc., et al.,
Appellees

RECOMMENDATION

At Wilmington, this 20th 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, 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, 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 advise by a joint statement requesting that this matter be removed
from the mandatory mediation requirement, in part because of the types of claims and
issues involved and that the parties have previously engaged in numerous discussion,
mediations and negotiations, both formal and informal, to try to resolve various issues

and disputes, including the allocation dispute, bondholders claims and post-petition
interest issues which were compromised in the Settlement. The instant appeal arises
from the Bankruptcy Courts entry of an order approving Settlement with the supporting
bondholders over the objections of the appellants.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. In light
of the shared view that mediation would not be productive and the parties joint request
to remove this appeal from mandatory mediation, it is understood that no objections to
the Recommendation with be filed as allowed 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 at the parties's request that the
following briefing schedule be ordered: Appellant's opening brief due March 30, 2015,
and Appellees' opening briefs due May 18, 2015, with the opening briefs not to exceed
30 pages (or 14,000 words in the event such brief exceeds 30 pages) and Appellants'
reply brief due June 15, 2015, with the reply brief not to exceed 15 pages (or 7,000
words in the event such brief exceeds 15 pages).
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE