In re: Arctic Glacier International, 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Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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:

:
:
Arctic Glacier International, Inc.
:
:
Debtors in a foreign proceeding.
:
_____________________________________________________________________
:
Eldar Brodski Zardinovsky et al,
:
:
Appellants,
:
:
v.
: Civil Action No. 16-617-SLR
:
Arctic Glacier Income Fund et al
: Bankruptcy Case No. 12-10605
: ADV No. 15-51732
Appellees.
: AP No. 16-35
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 previously participated in an unsuccessful
mediation related to the matters at issue in the subject adversary proceeding. They do
not believe that the present proceeding is likely to resolve through mediation, nor that

the process would be productive, efficient or an effective use of the resources of the
Court or the parties.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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
anticipated in light of the parties’ position on mediation.
In addition, the parties request the following briefing schedule be entered for this
appeal along with certain additional language:
Appellants’ opening brief

September 23, 2016

Appellees’ answering brief

October 21, 2016

Appellants’ reply brief

November 11, 2016

For the avoidance of doubt, if any, filings in this appeal shall conform to the
requirements of the Federal Rules of Bankruptcy Procedure and (as applicable) Part
VIII of the Local Rules of the Bankruptcy Practice and Procedure of the United States
Bankruptcy Court for the District of Delaware, as provided in the Local Rules of Civil
Practice and Procedure of the United States District Court for the District of Delaware
Amended effective as of August 1, 2016.
Upon direction from the court, the parties will submit an agreed proposed order
embodying the above.

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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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