Sorrentino et al v. GSE Environmental, Inc.

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/15/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

:
:
GSE ENVIRONMENTAL, INC., et al.
:
:
Debtors.
:
_____________________________________________________________________
:
GSE ENVIRONMENTAL, INC., et al.,
:
:
Appellants,
:
:
v.
: Civil Action No. 16-616-LPS
:
CHARLES A. SORRENTINO,
: Bankruptcy Case No. 14-11126
: ADV No. 16-50377
Appellee.
:
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, 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.
The parties are not in agreement regarding mediation. Appellant supports
mediation because the parties have had limited settlement discussions and are facing
spending significant resources on appeal. Before suit, appellees made an offer when

appellant’s disputed claim included an expense reimbursement which was significantly
greater than the offer. Appellant argues he had an undisputed right to the expense
reimbursement. No counteroffer was forthcoming. Appellees maintain they paid
appellant’s expense claim in full. Thereafter, appellees were successful in obtaining
dismissal of appellant’s claim.
At this time, in light of the findings by the Bankruptcy Court and other facts
recently learned, appellees strongly believe that appellant’s claim is baseless and have
no interest in compensating him through mediation. Rather, they request that the
following brief schedule be entered:
Appellant’s opening brief

August 21, 2016

Appellees’ answering brief

September 30, 2016

Appellant’s reply brief

October 14, 2016

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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