In re: Energy Future Holdings Corp., et al.

Filing 10

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 1/5/16. (cak)

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

:
:
Energy Future Holding Corp., et al.
:
:
:
__________________________________ :
:
UMB Bank, N.A.,
:
:
Appellant,
:
:
v.
: C. A. No. 15-1098-RGA
:
Energy Future Holdings Corp.,
:
:
Appellees.
:
_____________________________________________________________________
UMB Bank, N.A.

:
:
Appellant
:
:
v.
: C.A. No. 15-1099-RGA
:
Energy Future Holdings Corp.,
:
:
Appellees
:
_____________________________________________________________________
Subsequent Settling EFIH PIK Noteholders,:
:
Appellant,
:
:
v.
: C. A. No. 15-1117-RGA
:
Energy Future Holdings Corp.,
:
:
Appellees.
:
_____________________________________________________________________

Subsequent Settling EFIH PIK Noteholders,:
:
Appellant,
:
:
v.
:
:
Energy Future Holdings Corp.,
:
:
Appellees.
:

C. A. No. 15-1118-RGA

RECOMMENDATION
At Wilmington this 5th day of January, 2016.
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, mediation at this
stage would not be a productive exercise, a worthwhile use of judicial resources nor
warrant the expense of the process.
The Appellants and Appellees in each of the above captioned matters advised
the following. The appeals arise from a chapter 11 reorganization. The appellants
appeal the same two rulings from the Bankruptcy Court, that is whether a premium is
owed on certain notes in C.A. Nos. 15-1099 and 15-1118 and the appropriate rate of
postpetition interest in C. A. Nos. 15-1098 and 15-1117. The parties settled the claims
at issue in these four appeals on November 24, 2015 conditioned on the confirmation of
and effectiveness of the plan of reorganization. On December 3, 2015, the Bankruptcy
Court, in an oral ruling, confirmed the plan of reorganization, and entered an amended
order confirming the plan of reorganization on December 9, 2015.
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The plan has not yet become effective and the claims, although settled, will not
be finally resolved until that time. The parties advise that they intend to submit a joint
motion and proposed order requesting this Court to hold these appeals in abeyance
pending the effective date of the plan or reorganization.
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. Through this Recommendation, 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. In light of parties joint request to remove the
matter from mandatory mediation, no objections are expected.
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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