In Re: Dex Media, Inc., et al.

Filing 5

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. SEE ORDER for details of briefing schedule. Signed by Judge Mary Pat Thynge on 3/31/17. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: DEX MEDIA, INC.
Debtor.

YELLOW PAGES PHOTOS, INC.,
Appellant,

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C. A. No. 17-265-GMS

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DEX MEDIA, INC.,

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RECOMMENDATION

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At Wilmington this 31st day of March, 2017.

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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
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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. This matter is related to another appeal filed in C. A. No. 17. 96 in which the same parties requested the matter be withdrawn from mediation and
withdrawal was recommended on February 22, 2017. The current appeal involves a
subsequent order by the Bankruptcy in the same adversary proceeding.

The parties request that this matter and the related matter be consolidated and
the following briefing schedule for the consolidated appeals be entered:
Yellow Pages' opening brief

April 21, 2017

DexMedia's answering brief

May 26, 2017

Yellow Pages' reply brief

June 23, 2017

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 are anticipated since the parties requested this
matter be removed from mandatory mediation.
Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Marv Pat Thynge
Chief U.S. Magistrate Judge Mary Pat Thynge

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