In Re: Energy Future Holdings Corp., et al.,

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 7/21/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Energy Future Holdings Corp., et al. :
:
Debtors.
:
__________________________________ :
:
Delaware Trust Company,
:
:
Appellant,
:
:
v.
:
:
Computershare Trust Company, N.A.,
:
et al.,
:
:
Appellees.
:

Bankruptcy Case No. 14-10979
ADV No. 15-50410
BAP No. 16-34

C. A. No. 16-461-RGA

RECOMMENDATION
At Wilmington this 21st day of July, 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.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. No objections are
expected to be filed since the parties jointly requested the matter be removed from
mandatory mediation.
The parties further request the following briefing schedule be entered: Appellant’s
opeing brief to be due within forty-five (45) days after entery of an order setting a
briefing scheduled; Appellees’ answering brief to be due within forty-five (45) days after
the date on which Appellant’s opening brief is filed and served; and Appellant’s reply
brief to be due within fifteen (15) days after the filing and service of Appellees’
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

2