In Re: AMC Investors LLC et al

Filing 4

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/3/15. (cak)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: AMC INVESTORS, LLC, ET AL., : : Debtors. : __________________________________ : : EUGENIA VI VENTURE HOLDINGS, : LTD., on behalf of AMC Investors, LLC : and AMC Investors II, LLC, : : Appellants, : : v. : : MAPLEWOOD HOLDINGS LLC, et al., : : Appellee. : Bankruptcy Case No. 08-12264 (CSS) ADV No. 11-52317 BAP No. 15-57 C. A. No. 15-935-RGA RECOMMENDATION At Wilmington this 3rd day of November, 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. 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States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter and the companion matter 15-934RGA be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. The parties were 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. The parties request that the briefing schedule on this appeal be entered as follows: Appellants’ opening brief 30 days after the date Appellees file their designation of additional item for the appeal record Appellees’ answering brief 45 days after filing of the opening brief Appellants’ reply brief 30 days after filing of the answering brief 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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