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

Filing 30

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/13/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

:
:
ENERGY FUTURE HOLDINGS CORP.,
:
et al.,
:
:
Debtors.
:
__________________________________ :
DELAWARE TRUST COMPANY, as
:
FIRST LIEN INDENTURE TRUSTEE,
:
:
Appellant,
:
:
v.
:
:
MORGAN STANLEY CAPITAL GROUP, :
INC.,
:
:
Appellee.
:

Chapter 11
Case No. 14-10979-CSS
Adv. Pro. No.: 15-51239-CSS
BAP No. 16-12

C. A. No. 16-189-RGA

RECOMMENDATION
At Wilmington this 13th 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 of the process. In this appeal, Appellant DTC seeks reversal of the Bankruptcy
Court’s rulings, order and judgment based on legal arguments, which involve the

interpretation and application of Section 4.1 of the Intercreditor Agreement. Neither
Appellees nor Appellant expressed any present interest in mediation.
The parties request a briefing schedule be entered consistent with the application
of Rule 8018(a) of the Federal Rules of Bankruptcy Procedure once the record on
appeal is complete and the clerk has docketed a notice in accordance with Rule
8010(b)(3) providing that the record has been transmitted or is available electronically.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
the parties requested this matter be withdrawn from mandatory mediation, objections to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 will not be filed.
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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