In Re: NewPage Corporation, et al.

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/9/16. (cak)

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

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:
NEWPAGE CORPORATION, et al.,
:
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Debtors.
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___________________________________:
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PIRINATE CONSULTING GROUP, LLC
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AS LITIGATION TRUSTEE OF THE NP
:
CREDITOR LITIGATION TRUST,
:
:
Appellant,
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v.
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:
KADANT SOLUTIONS DIVISION,
:
:
Appellee.
:

Chapter 11
BK Case No. 11-12804 (KG)
Jointly Administered

C. A. No. 16-955-SLR
ADV. No. 13-52520 KG
BAP No. 16-49

RECOMMENDATION
At Wilmington this 9th day of November, 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. The issues involved on appeal are narrow and more legal in
nature. In addition, the parties have engaged previously in unsuccessful lengthy

settlement discussions and strongly feel that further mediation would not be productive.
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for this District and 28 U.S.C. § 636(b), this matter] be withdrawn from the mandatory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. No
objections to this Recommendation will be filed since neither party believes that
mediation would be worthwhile.
In addition, the parties request that the following briefing schedule be entered:
Litigation Trustee’s Opening Brief

December 20, 2016

Kandant’s Answering Brief

January 31, 2017

Litigation Trustee’s Reply Brief

February 14, 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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