In re: James R. Johnson et al

Filing 6

Recommendation Order that Bankruptcy Appeal be withrawn from mandatory mediation. See Order for Details. Signed by Judge Mary Pat Thynge on 10/2/15. (cak)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: James R. Johnson, et al., : : Debtors. : __________________________________ : : JAMES R. JOHNSON, : : Appellant, : : v. : : UNITED STATES TRUSTEE, : : Appellee. : C. A. No. 15-792-GMS Bankruptcy Case No. 15-10365 (BLS) BAP No. 15-46 RECOMMENDATION ORDER At Wilmington this 2nd day of October, 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, a teleconference was held on October 2, 2015 for an initial review and discussion with appellant and 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. 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court.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 be directed to provide a proposed scheduling order for briefing. The parties have advised there will be no objections filed to this Recommendation Order pursuant to 28 U.S.C. § 636(b)(1)(B), F ED. R. CIV. P. 72(a) and D. DEL. LR 72.1. Local counsel are obligated to inform out-of-state counsel of this Order. /s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE 2

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