In re: EP Liquidation LLC

Filing 11

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 6/29/15. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: EP Liquidation, LLC
Debtor

Charles A. Stanziale, solely in his capacity
as Chapter 7 Trustee of EP Liquidation,
LLC

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C. A. No. 15-309-LPS

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Brookfield Equinox, LLC

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Appellee.
RECOMMENDATION
At Wilmington this 29th day of June, 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 Order subject to this appeal denied the Trustee's request
for Brookfield to produce certain documents created after the February 6, 2014 closing
of the transaction embodied in the Asset Purchase Agreement between Equinox
Payments, LLC (n/k/a EP Liquidation, LLC) and Brookfield Equinox, LLC. In light of the

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issues on appeal, the parties do not believe that mediation is appropriate and request
that the Court enter an order withdrawing the matter from mediation to allow the
appellate process to resume.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 of their right to file objections to this
Recommendation pursuant to 28 U.S.C. § 636(b)(1 )(B), FED. R. C1v. P. 72(a) and D.
DEL. LR 72.1. In light of the parties' joint request to remove this matter from mandatory
mediation, it is unlikely any objections will be filed to this Recommendation
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Marv Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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