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Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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)

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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

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