In re: NewStarcom Holdings, Inc., et al

Filing 11

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/11/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: NEWSTARCOM HOLDINGS

:
:
Debtors.
:
__________________________________ :
:
GEORGE L. MILLER,
:
:
Appellant,
:
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v.
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:
MATCO ELECTRIC CORP., et al.,
:
:
Appellees.
:

C. A. No. 17-309-GMS
Bankruptcy Case No. 08-10108
ADV No. 10-50063
BAP No. 17-10

RECOMMENDATION
At Wilmington this 11th day of October, 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 May 5, 2017 for an initial review and
discussion with counsel to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of that teleconference, mediation occurred on August
9, 2017.
WHEREAS, no resolution of this matter occurred as a result of mediation and
follow up teleconferences 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this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral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.
The parties request that a briefing schedule entered by the Court.
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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