In re: Culp et al v. Stanziale

Filing 4

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/26/15. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Culp et al.

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Debtors.
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___________________________________:
MARK A. CULP and PATRICIA J.
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CHAMBERLAIN,
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Appellants,
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v.
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CHARLES A. STANZIALE, JR.,
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Appellee.
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___________________________________:
MARK A. CULP and PATRICIA J.
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CHAMBERLAIN,
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Appellants,
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v.
:
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CHARLES A. STANZIALE, JR.,
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Appellee.
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___________________________________:
MARK A. CULP and PATRICIA J.
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CHAMBERLAIN,
:
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Appellants,
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v.
:
:
CHARLES A. STANZIALE, JR.,
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Appellee.
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___________________________________:

Bankruptcy No. 14-11592
BAP 15-52, 15-55, 15-56

C. A. No. 15-914-LPS

C. A. No. 15-916-LPS

C. A. No. 15-917-LPS

RECOMMENDATION
At Wilmington this 26th 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. Previous attempts to resolve the disputes between the parties,
Debtors-Appellants and Trustee-Appellee, have been unsuccessful. This appeal is from
an Order Approving the Sale of the Debtors’ Real Property and Granting Related Relief.
Neither party feels mediation would be beneficial at this stage.
Appellants proposed a 30-30-15 day briefing schedule to which the Trustee has
not yet responded.
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 through this Recommendation were advised of their right to file objections to it
pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1.
Because the parties are in agreement regarding mandatory mediation, no objections are
anticipated.
IT IS FURTHER RECOMMENDED at the request of the Appellants that
they be given 30 days to file their Opening Briefs.
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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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