In re: Swift Energy Company et al.

Filing 7

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 6/20/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE:

:
:
SWIFT ENERGY COMPANY, et al.,
:
:
Debtors.
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__________________________________ :
:
MORRIS PROPP II, MORRIS PROPP II
:
FOUNDATION,
:
:
Appellant,
:
:
v.
:
:
SWIFT ENERGY COMPANY,
:
:
Appellee.
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Chapter 11
Case No. 15-12670 (MFW)
BAP No. 16-31

C. A. No. 16-404-GMS

RECOMMENDATION
At Wilmington this 20th day of June, 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. Both parties request that this matter be removed from
mandatory mediation and a briefing schedule be issued.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. No
objections to this Recommendation are anticipated in light of the parties request to
remove this matter from mandatory mediation.
The parties request the following briefing schedule be entered:
Opening Brief

the later of (i) 45 days after the District Court rules on
Appellant’s motion to impose a stay pending this
Second Appeal or (ii) 60 days after entry of an order
withdrawing the matter from mediation

Answering Brief

45 days after the filing an service of the opening brief.

Reply Brief

21 days after filing and service of the answering brief.

Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge Mary Pat Thynge

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