In Re: Sierra Concrete Design, Inc. et al.,

Filing 5

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/17/15. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Sierra Concrete Design Inc., et al.
_____________________________________________________________________
Jeoffrey L. Burtch,
Appellant,
v.
Revchem Composites Inc.,
Appellee.

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C. A. No. 15-663-RGA
Bankruptcy Case No. 10-52667(CSS)
AP No. 15-41

RECOMMENDATION
At Wilmington this 17th day of September, 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 previously attempted early mediation in this case, but were never
close to resolution. Further settlement discussions occurred before trial, but the parties
remained far apart. Appellee (Revchem Compositions) contends that under the present
posture, settlement value is very low. Appellant (Trustee) firmly believes mediation

would not be worthwhile.
Absent mediation, Appellee requests a period of 45-60 days for each stage of the
briefing. The Appellant requests at least 60 days for the opening brief.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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.
IT IS FURTHER RECOMMENDED that the parties proposals regarding
the schedule for briefing be adopted with the Appellant’s initial or opening brief do within
sixty (60) days from entry of the brief schedule order.
Through this Recommendation, the parties are advised of their right to file
objections pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR
72.1. Any objection must be filed within ten (10) days of service of this
Recommendation and any response must be filed within ten (10) days of service of the
objection. The objection and response are each limited to three (3) pages.
Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE