In re: Energy Future Holdings Corp., et al.,

Filing 11

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 1/18/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: Energy Future Holdings, et al.

:
:
Debtors.
:
__________________________________ :
:
WAYNE ENGLISH,
:
:
Appellant,
:
:
v.
:
:
ENERGY FUTURE HOLDINGS, et al.,
:
:
Appellees.
:

C. A. No. 16-1331-RGA
Bankruptcy Case No. 14-10979 (CSS)
BAP No. 16-103

RECOMMENDATION
At Wilmington this 18th 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 was held on January 17, 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, 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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 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 Mary Pat Thynge

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