In Re: FBI Wind Down, Inc. et al.

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/31/16. (cak)

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

:
:
FBI WIND DOWN, INC. (f/ka Furniture
:
Brands Int’l., Inc.) et al.,
:
:
Debtors.
:
__________________________________ :
:
HERITAGE HOME GROUP, LLC, et al.,
:
:
Appellant,
:
:
v.
:
:
FBI WIND DOWN, INC. LIQUIDATING
:
TRUST,
:
:
Appellee.
:

Chapter 11

C. A. No. 16-834-SLR
Bankruptcy Case No. 13-12329 (CSS)
Bankruptcy ADV No. 15-51899
BAP No. 16-46

RECOMMENDATION
At Wilmington this 31st 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, a teleconference was held on October 15, 2016 for an initial review
and discussion with 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 have
advised there will be no objections filed 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.
In addition, the parties request the following brief schedule be entered for the appeal:
Opening Brief

December 7, 2016

Answering Brief

January 20, 2017

Reply Brief

February 10, 2017

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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