In Re: Bishop

Filing 5

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/10/15. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Bishop
_____________________________________________________________________
Romie David Bishop,
Appellant

Federal National Mortgage Asso., Inc.,
Fannie Mae CMO, Inc., Federal National
Mortgage Asso.,
Appellees

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C. A. No. 15-284-RGA
Bankruptcy Case No. 12-50912

AP No. 15-11

RECOMMENDATION
At Wilmington this 10th day of April, 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, Magistrate Judge Thynge reviewed the documents filed on this
court’s docket regarding an appeal of various orders from Bankruptcy Court entered
October 8 and 31 and November 7, 2014, and March 2, 2015 to determine the
appropriateness of mediation in this matter. The appeal was docketed on April 1, 2015
in this court. Appellant’s designation of the record on appeal on April 2, 2015
essentially requests the entire docket of the Bankruptcy Court be included. Appellees
filed a counter designation on April 9, 2015.
WHEREAS, as a result of the above screening process, the orders
address issues that 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. Further, prior contact with Appellant regarding certain related
appeals which began in 2001 and number more than fifteen, indicates that Appellant is
not interested in any form of ADR or mediation and prefers to proceed with the appellate
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Through
this Recommendation, the parties are advised they may 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.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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