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

Filing 12

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/3/16. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE:
ENERGY FUTURE HOLDINGS CORP.,
et al.,

Bankruptcy Case No. 14-10979

Debtors.

KENNETH R. STEWART
Appellant,

v.

C. A. No. 15-'i'Z.13-RGA

ENERGY FUTURE HOLDINGS CORP,
et al.
FILED

Appellees.

FEB - 3 2016
RECOMMENDATION
U.S. DISTRICT COURT DISTRICT OF DELAWARE

At Wilmington this

3rd

day of February, 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, wh!ch involved a
teleconference with counsel and the Appellant on February 1, 2016 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.

It was clear the parties have strong, divergent views regarding the strengths and
weakn~sses

of their respective positions. Appellant advised of his position regarding

the minimum terms of settlement that would be acceptable. Appellees did not find such
terms acceptable.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 and proceed through the appellate process of this Court. During
the teleconference, the parties were advised of their right to file objections pursuant to
28 U.S.C. § 636(b)(1 )(8), FED. R. CIV. P. 72(a) and D. DEL. LR 72.1. Since the parties
agreed that this matter be removed from mandatory mediation, no objections to this
Recommendation are anticipated.
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Mary Pat Thynqe
UNITED STATES MAGISTRATE JUDGE

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