In re: Culp et al v. Stanziale

Filing 8

MEMORANDUM ORDER: IT IS ORDERED that the Recommendation issued October 26, 2015 is modified in that the recommendation that Appellants request for thirty (30) days in which to file their opening brief is withdrawn, and no Recommendation is made regarding a briefing schedule. Signed by Judge Mary Pat Thynge on 10/30/15. (cak)

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

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

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

MEMORANDUM ORDER
At Wilmington this 30th day of October, 2015.

On October 26, 2015, the court recommended that Appellants be given 30 days
in which to file their opening briefs. At the time of this Recommendation, the court was
not aware of the Trustee/Appellee’s position on the briefing schedule as proposed by
Appellants. Before issuing this Recommendation, the court received a Joint Mediation
Statement executed by counsel for Appellants, which advised of the parties’ position on
mandatory mediation and that the Appellee was “‘still checking’” about Appellants’
proposed briefing schedule. Since the issuance of the Recommendation, the court has
been advised by Appellee that he opposes the briefing schedule proposed by
Appellants and believes that briefing should comply with the Federal Rule of Bankruptcy
Procedure 8009, that is fourteen (14) days to file the opening brief, fourteen (14) days to
file the answering brief and seven (7) days for the reply brief. The bases for the
Appellee’s position is that all issues on appeal have been previously fully briefed and
the parties are limited to the arguments raised in the Bankruptcy Court. Notification by
the Appellee of its position was forwarded by letter to Appellants a day after the joint
mediation statement was provided to the court. Appellee did not have any objection to
removing this matter from mandatory mediation as was also provided in the
Recommendation.
On the same day that the court issued its Recommendation, Appellants filed a
motion to stay the Bankruptcy Court Order which is the subject of this appeal. This
motion is opposed by Appellee.
Therefore, IT IS ORDERED that the Recommendation issued October 26, 2015
is modified in that the recommendation that Appellants’ request for thirty (30) days in
which to file their opening brief is withdrawn, and no Recommendation is made

regarding a briefing schedule.
/s/ Mary Pat Thynge
CHIEF, UNITED STATES MAGISTRATE JUDGE