In Re: Tribune Media Company et al.

Filing 14

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/15/15. (cak)

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

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TRIBUNE MEDIA COMPANY, et al.,
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Debtors.
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ROBERT HENKE,
Appellant,
v.
TRIBUNE MEDIA COMPANY,
Appellee.

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C. A. No. 16-424-GMS
Bankruptcy Case No. 08-13141 KJC
BAP No. 16-00032

RECOMMENDATION
At Wilmington this 15th day of August, 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, a teleconference was held on August 15, 2016 for an initial review
and discussion with pro se appellent and counsel for appellees 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 discussed settlement shortly after appellant’s proof of claim was filed.
Appellant’s Chapter 11 claim was based on alleged libel and the resulting damages from
an article initially published by appellees in 2007. As evidenced from their negotiations, the

ending gulf between the parties was substantial. Due to these negotiations and their
success in the Bankruptcy Court on their objection to appellant’s claim, which resulted in
its disallowance, it is highly unlikely that appellees will be in the range that appellant values
his claim for settlement.
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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 were
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. If any objections are filed, they
shall be done within ten (10) days of this Recommendation and are limited to three (3)
pages. The objections may be done in letter format and captioned and docketed as
“Objections to the Recommendation dated August 15, 2016.” Any response shall be due
within ten (10) days of the objections and are limited to three (3) pages. The response
to the objections may be in letter format and captioned and docketed as “Response to
Objections to the Recommendation dated August 15, 2016.”
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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