In Re: Samson Resources Corporation, et al.

Filing 6

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 1/24/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Samson Resources Corporation,
et al.
Debtors.
__________________________________

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LLOYD NESS and MARY NESS,
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Appellants,
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v.
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SAMSON RESOURCES CORPORATION, :
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Appellee.
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C. A. No. 16-1156-RGA
Bankruptcy Case No. 15-11934 (CSS)
BAP No. 16-100

RECOMMENDATION
At Wilmington this 24th day of January, 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, a teleconference were held on January 23, 2017 for an initial review
and discussion with appellant and counsel for appellee to determine the appropriateness
of mediation in this matter;
WHEREAS, as a result of the above screening process, 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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. It does not
appear that any objections will be filed. If any objections are filed, they shall be done within
five (5) days of this Recommendation and are limited to two (2) 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 two (2) pages. The response may be in letter format and
captioned and docketed as “ Response to the Objections to the Recommendation dated
[date].
The parties further request a conference with the Court to discuss the issues that
will be addressed on appeal prior to the entry of any briefing Order.
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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