In re: S.S. Body Armor I, Inc. et al.

Filing 9

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation; The parties request that the following briefing schedule be entered for this appeal: Appellants Opening Brief due 2/29/2016; Appelle's Response due 5/2/2016 and Appellants Reply due 6/1/2016. Signed by Judge Mary Pat Thynge on 12/15/15. (kjk)

IN THE UNITED STATES DISTRICT COURT.
FOR THE DISTRICT OF DELAWARE

In re: SS Body Armour I, Inc. et al.,

Debtors.
C. A. No. 15-633-SLR
Bankruptcy Case No. 10-11255 (C~
c.n

D. David Cohen,

Appellant,

v.
SS Body Armour I, Inc.
Appellee,
RECOMMENDATION

At Wilmington this 15th day of December, 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.
This appeal is from an order entered by the United States Bankruptcy Court for
the District of Delaware on July 9, 2015 approving a settlement between the Debtor and
lead plaintiffs in a pre-petition securities class action in the United States District Court

for the Eastern District of New York. Appellant's appeal was stayed pending the
confirmation of the Debtor's chapter 11 plan which was confirmed by the Bankruptcy
Court on November 10, 2015. Thus, the stay of Appellant's appeal has expired.
Neither party believes mediation would be helpful in this matter. The parties
have engaged in litigation for approximately eight years. Previous settlement
negotiations among the parties have been pursued throughout the litigation with no
success.·
The parties request the following briefing schedule be entered for this appeal:
Appellant's Opening Brief

February 29, 2016

Appellee's Response

May 2, 2016

Appellant's Reply

June 1, 2016

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 parties' position regarding mediation, no 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 are
expected.
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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