In Re: Last Call Guarantor LLC, et al.

Filing 12

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/4/17. (cak)

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

:
:
LAST CALL GUARANTOR, LLC, et al.,
:
:
Debtors.
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__________________________________ :
:
DW VALUE MASTER FUND, LTD.,
:
:
Appellant,
:
:
v.
:
:
LAST CALL GUARANTOR LLC and FUN :
EATS AND DRINKS LLC,
:
:
Appellees.
:

Bankruptcy Case No. 16-11844 (KG)
BAP No. 16-48

C. A. No. 16-922-SLR

RECOMMENDATION
At Wilmington this 4th day of April, 2017.
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, mediation occurred on March 7, 2017
WHEREAS, no resolution of this matter occurred and further 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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.
Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge

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