Mudrick Capital Management, L.P. v. Debtors and Debtors in Possession

Filing 17

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 1/6/16. (cak)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: ENERGY FUTURE HOLDINGS CORP., et al. ) ) ) ) ) MUDRICK CAPITAL MANAGEMENT, L.P., ) ) Appellant, ) V. ) ENERGY FUTURE HOLDINGS CORP., et al. ) DEBTORS AND DEBTORS IN POSSESSION, ) Civil Action No. 15-1132 (ROA) Bankruptcy Case No. 14-10979 (CSS) BAP No. 15-77 Appellee. ) ~~~~~~~~~~~~~~~~~) RECOMMENDATION At Wilmington this fi:t._ 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 parties to this appeal have attempted mediation previously, which was unsuccessful , and do not believe that mediation at the appellate level would be productive. The parties are currently negotiating a briefing schedule for this appeal and report that they will submit a joint briefing schedule by Wednesday, January 13 , 2016. 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 RLF I 13634894v. l U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court.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 requested that matter be removed from mandatory mediation, no objections to this Recommendation, pursuant to 28 U.S.C . § 636(b)(l)(B), Fed. R. Civ. P. 72(a) and D. Del. L.R. 72.1 are anticipated. Local counsel are obligated to inform out-of-state counsel of this Order. RLF I I 3634894v. I 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?