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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:
ENERGY FUTURE HOLDINGS CORP., et al.

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MUDRICK CAPITAL MANAGEMENT, L.P., )
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Appellant,
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V.
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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.
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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U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed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

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