In Re: Energy Future Holdings Corp. et al.

Filing 23

MEMORANDUM ORDER: The parties are directed to meet-and-confer, and, no later than February 13, advise of their positions on consolidation. Ideally, the parties could also agree on a briefing schedule, with Appellants opening brief tied to the Bankruptcy Courts confirmation order, if there is one. Signed by Judge Richard G. Andrews on 2/7/2017. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INRE:
ENERGY FUTURE HOLDINGS CORP.,
et al.,

Bankruptcy Case No. 14-10979 (CSS)

Debtor.

SHIRLEY FENICLE, et al.,
Appellants,
Civil Action No. 16-888-RGA
BAP No. 16-47

v.
ENERGY FUTURE HOLDINGS CORP.,
et al.,
Appellees.

INRE:
ENERGY FUTURE HOLDINGS CORP.,
et al.,

Bankruptcy Case No. 14-10979 (CSS)

Debtor.

SHIRLEY FENICLE, et al.,
Appellants,
Civil Action No. 17-9-RGA
BAP No. 17-1

V.

ENERGY FUTURE HOLDINGS CORP.,
et al.,
Appellees.

MEMORANDUM ORDER

I
In 16-888, Appellees have filed a motion to dismiss the appeal. (D.I. 18). In 17-9,
Appellees claim to have eleven issues on appeal. (D.I. 4). Nevertheless, the parties and their
attorneys are the same as in 16-888, and, notwithstanding the Hydra-like proliferation of issues, I
think the core concern is the same as in 16-888. The confirmation hearing, I am told, is set to
begin in a week. (No. 16-888, D.I. 21, iJ 1). I would not want to bet against another appeal ifthe
Bankruptcy Court confirms a plan. And, of course, there has already been an earlier appeal,
which I dismissed for lack of jurisdiction. 2016 WL 5402186 (D.Del. Sept. 26, 2016).
The current approach seems inefficient, as there are not going to be any decisions in the
pending appeals before the Bankruptcy Court rules on confirmation. It would seem to me to
make more sense to consolidate Nos. 16-888, 17-9, and the likely third appeal, for briefing and
argument.
The parties are directed to meet-and-confer, and, no later than February 13, advise of their
positions on consolidation. Ideally, the parties could also agree on a briefing schedule, with
Appellants' opening brieftied to the Bankruptcy Court's confirmation order, ifthere is one.
IT IS SO ORDERED this

l_ day of February 2017.