In re: AE Liquidation, Inc., et al.

Filing 7

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/31/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: AE Liquidation, Inc., et al.

:
:
Debtors.
:
__________________________________ :
:
PRUDENTIAL REAL ESTATE &
:
RELOCATION SERVICES,
:
:
Appellants,
:
:
v.
:
:
JEOFFREY BURTCH,
:
:
Appellee.
:

Chapter 7
Bankruptcy Case No. 08-13031 (MFW)
Adv. No. 10-55543 (MFW)
BAP No. 17-17

C. A. No. 16-252-LPS

RECOMMENDATION
At Wilmington this 31st day of May, 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, after review of the parties joint letter regarding mediation, a
teleconference was held on May 25, 2016 for review and discussion with 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. The parties have engaged in three unsuccessful mediation,
occurring on February 16, 2012 and March 1, 2013, and a mediation with this judge on

September 30, 2014.
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for this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory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.
The parties request that the following briefing schedule be entered:
Appellants’ Opening Brief

August 31, 2016

Appellee’s Answering Brief

September 30, 2016

Appellants’ Reply Brief

October 17, 2016

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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