In re: Millennium Lab Holdings II, LLC, et al.

Filing 4

Recommendation that Bankruptcy Appeal be withrawn from mandatory mediation. SEE ORDER for proposed briefing schedule details. Signed by Judge Mary Pat Thynge on 4/5/16. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

Millennium Lab Holdings II, LLC et al.

Debtor.

The Opt-Out Lenders
Appellant,

v.

C. A. No. 16-110
SAP No. 15-79

Millenium Lab Holdings II, LLC et al.
Appellees.

RECOMMENDATION

At Wilmington this

5th

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, 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, 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 ofthe process.
During the pendency of the chapter 11 matters before Plan confirmation, the
parties engaged in settlement discussions, but despite these continued efforts, were
unable to reach agreement on settlement. The parties do not believe mediation would

be beneficial and request that the appeal be removed from mandatory mediation. They
further request that the following briefing schedule be entered:
April 15, 2016

Deadline for Appellants opening appellant brief and deadline for
Appellees opening briefs on motions to dismiss appeal. .

May 20, 2016

Deadline for Appellants to file opposition briefs regarding motions
to dismiss appeal and deadline for Appellees to file opposition
appellate briefs.

June 10, 2016

Deadline for Appellants to file reply appellant briefs and deadline
for Appellees to'file reply briefs in support of motions to dismiss
appeal.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. In light
of the parties request to remove this matter from mandatory mediation, no objections
are likely to be filed to this Recommendation.
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

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