In re: Vertis Holdings, Inc. et al

Filing 5

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/19/15. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Vertis Holdings, Inc., et al.

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Debtor.
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___________________________________:
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Appellant,
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v.
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Vertis Holdings, Inc., Vertis, Inc., 5 Digit
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Plus, LLC, Quad/Graphics Marketing, LLC, :
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Appellees.
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Bankruptcy Case No. 12-12821 (CSS)
BAP No. 15-49

Riverside Acquisition Group LLC,

C. A. No. 15-867-RGA

RECOMMENDATION
At Wilmington this 19th 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 to this appeal participated in a mediation
conducted by the Honorable Joseph R. Slights, pursuant to the Local Rules of
Bankruptcy Practice and Procedure of the United states Bankruptcy Court for the
District of Delaware. This mediation occurred after briefing was completed on

Appellees’ respective motions for summary judgment and Appellant’s motion for leave
to file a first amended verified complaint. On September 11, 2015, the Bankruptcy
Court issued its opinion and order granting Appellees’ motions on all counts and denied
Appellant’s motion to add additional counts. In light of the status of this matter, neither
party feels that further mediation would be beneficial.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
the parties are in agreement regarding mandatory mediation, no objection 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 is expected.
IT IS FURTHER RECOMMENDED that consistent with the parties’ request, the
following briefing schedule be entered:
Appellant’s opening brief

November 13, 2015

Appellees’ answering briefs

January 15, 2016

Appellant’s reply brief

February 5, 2016

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

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