In re: Skybridge Spectrum Foundation

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/19/16. (cak)

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

:
:
Skybridge Spectrum Foundation,
:
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Debtor.
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__________________________________ :
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SKYBRIDGE SPECTRUM FOUNDATION, :
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Appellant,
:
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v.
:
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DR. ARNOLD LONG,
:
:
Appellee.
:

C. A. No. 16-633-GMS
Bankruptcy Case No. 16-10626-CSS
BAP No. 16-38

RECOMMENDATION
At Wilmington this 19th day of October, 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. A teleconference was held on September 29, 2016 during
which the parties were directed to establish ground rules to permit meaningful
mediation. Despite their efforts, the parties have been unable to do so.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
the parties requested this matter be removed from mandatory mediation, no objections
to this Recommendation is expected to occur.
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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