In re: Energy Future Holdings Corp., et al

Filing 4

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/10/17. (cak)

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

:
:
:
Debtors.
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__________________________________ :
:
DAVID JOYNER,
:
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Appellant,
:
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v.
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FUTURE ENERGY HOLDINGS CORP.,
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et al.,
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Appellees.
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C. A. No. 17-333-RGA
Bankruptcy Case No. 14-10979
BAP No. 17-11

RECOMMENDATION
At Wilmington this 10th day of April, 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, the court conducted an initial review, which included reviewing the
Order from the Bankruptcy Court denying appellant’s request to intervene as a
creditor/plaintiff, to determine the appropriateness of mediation in this matter.
WHEREAS, appellant’s request to intervene was on behalf of himself, his
deceased father, brother and mother. At the time of the filing of the appeal on March
29, 2017, based on his address, it appears that appellant is a resident of the Harris
County Sheriff’s Office jail in Houston, TX.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Through
this Recommendation, the parties are 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.
Local counsel are obligated to inform out-of-state counsel of this
Order.
/s/ Mary Pat Thynge
Chief U.S. Magistrate

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