In re: Scarborough-St.James Corporation

Filing 6

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/22/15. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

:
:
SCARBOROUGH-ST. JAMES
:
CORPORATION,
:
:
Debtor.
:
__________________________________ :
:
SCARBOROUGH-ST. JAMES
:
CORPORATION,
:
:
Appellant,
:
:
v.
:
:
67500 SOUTH MAIN STREET,
:
RICHMOND LLC,
:
:
Appellee.
:

Chapter 11
BK 15-10625 (LSS)

C. A. No. 15-809-RGA

RECOMMENDATION
At Wilmington this 22nd 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, 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 have been involved in litigation over the Lease
which is the subject of this appeal from the Bankrutpcy Court decision of August 27,

2015. It is the only significant asset of the Appellant. In addition to this litigation, there
is an appeal by Appellant of an arbitration award pending in the New York Court of
Appeals and an eviction action pending in the United States District Court for the
Eastern District of Michigan. The parties have been in litigation for six years. Any
resolution of this present appeal would require resolution of all issues between the
parties related to the Lease, including the two litigations mentioned herein. Neither
parties feels mediation would be helpful or result an a resolution.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. 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. CIV. P. 72(a) and D. DEL. LR 72.1. Since the parties
request that the matter be removed form mandatory mediation, no objection to this
Recommendation is expected.
IT IS FURTHER RECOMMENDED, based on the parties’ proposal that the
follwing briefing schedule be entered:
Appellant’s opening brief

December 15, 2016

Appellee’s answering brief

March 1, 2016

Appellant’s reply brief

March 31, 2016

Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE
2