In re: Energy Future Holdings Corp. et al.

Filing 12

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: ENERGY FUTURE HOLDINGS CORP., et al., : : : Debtors. : __________________________________ : : MARATHON ASSET MANAGEMENT, LP, : POLYGON CONVERTIBLE : OPPORTUNITIES MASTER FUND, : POLYGON DISTRESSED : OPPORTUNITIES MASTER FUND, : : Appellants, : : v. : : ANGELO GORDON & CO., LP, APOLLO : ADVISORS VII, L.P., BROOKFIELD : MANAGEMENT PRIVATE : INSTITUTIONAL CAPITAL ADVISOR : CANADA), L.P., : : Appellees. : Bankruptcy Case No. 15-51917 (CSS) Bankruptcy ADV No. 14-10979 BAP No. 16-22 C. A. No. 16-287-RGA RECOMMENDATION At Wilmington this 16th 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, 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 light of the issues involved on appeal, the parties jointly request that this matter be removed from mandatory mediation. 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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court.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 are advised of their right to file 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. In light of the parties’ joint request, no objections are expected. The parties further request that the following briefing schedule be entered: Appellants’ Opening Brief 60 days after entry of a Scheduling Order by this Court Appellees’ Brief 60 days after Appellants’ Opening Brief Appellants’ Reply Brief 30 days after Appellees’ brief deadline. Local counsel are obligated to inform out-of-state counsel of this Order. /s/ Mary Pat Thynge UNITED STATES MAGISTRATE JUDGE 2

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