Tuttle v. Allied Nevada Gold Corp.

Filing 16

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/18/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Allied Nevada Gold Corp., et al.
_____________________________________________________________________
:
Brian Tuttle,
:
:
Appellant,
:
:
v.
: C. A. No. 16-58-SLR
: Bankruptcy Case No. 15-10503 (MFW)
Allied Nevada Gold Corp.,
:
:
Appellee.
:
___________________________________:
RECOMMENDATION
At Wilmington this 18th day of April, 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, a teleconference was held on April 15, 2016 for an initial review and
discussion with counsel to determine the appropriateness of mediation in this matter1;
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.
In light of the status of the appeal and underlying bankruptcy, both sides feel that the
The only matter addressed during the teleconference was 16-58. A related matter
was intended to be addressed, that is, 16-57. Between the time of scheduling the
teleconference in both matters and the date of the teleconference, 16-57 was dismissed
without prejudice for failure to pay the filing fee.
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mediation would be futile and delay the resolution while increasing costs. At present the
Plan has been substantially consummated and briefing on related appeals brought by the
Ad Hoc Committee (15-946-SLR and 15-949-SLR), referred to as the Confirmation Order
Appeals is completed.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. The parties have
advised there will be no objections filed 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.
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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