In Re: Energy Future Holdings Corp. et al.

Filing 12

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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:

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ENERGY FUTURE HOLDI9NG CORP.,
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et al.,
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Debtors.
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__________________________________ :
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SHIRLEY FENICLE, et al.,
:
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Appellants,
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v.
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ENERGY FUTURE HOLDINGS CORP.,
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et al.,
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Appellees.
:

Bankr. Case No. 14-10979 (CSS)

C. A. No. 16-888-RGA
BAP No. 16-47

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 were held on October 25, 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, including review of
the parties’ joint letter regarding mediation and extensive telephonic discussion with
counsel, 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. If any objections are filed, they
shall be done within five (5) days of this Recommendation and are limited to three (3)
pages. The objections may be done in letter format and captioned and docketed as
“Objections to the Recommendation dated [date].” Any response shall be due within five
(5) days of the objections and are limited to three (3) pages. The response to the
objections may be in letter format and captioned and docketed as “Response to Objections
to the Recommendation dated October 31, 2016.”
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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