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

Filing 15

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. The parties request the following briefing schedule be entered: Opening Brief of DTC July 31, 2017 limited to 40 pages; Collective Responsive Brief of Morgan Stanley,J. Aron and Titan September 15, 2017 limited to 40 pages; Reply Brief of DTC October 2, 2017 limited to 20 pages. Signed by Judge Mary Pat Thynge on 6/26/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DELAWARE TRUST COMPANY, as
FIRST LIEN INDENTURE TRUSTEE,

:
:
:
Appellant,
:
:
v.
:
:
MORGAN STANLEY CAPITAL GROUP, :
INC., J. ARON & COMPANY, LLP, and
:
TITIAN INVESTMENT HOLDINGS LP
:
Intervenors/Appellees, :
:
WILMINGTON TRUST, N.A., in its capacity :
as First Lien Collateral Agent and First Lien :
Administrative Agent
:
:
Defendant/Appellee :

C. A. No. 17-540-RGA
Consolidated

Bankruptcy Case No. 14-10979
Adv. Proc. No 15-51239
BAP No. 17-13

RECOMMENDATION
At Wilmington this 26th day of June, 2016.
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
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 other bankruptcy appeals which have
been removed from mandatory mediation. Further, the parties have requested that this

matter be removed from mandatory mediation.
The parties request the following briefing schedule be entered:
Opening Brief of DTC
limited to 40 pages

July 31, 2017

Collective Responsive Brief of
of Morgan Stanley,
J. Aron and Titan limited
to 40 pages

September 15, 2017

Reply Brief of DTC limited to
20 pages

October 2, 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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
the parties requested this matter be withdrawn from mandatory mediation, objections to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 will not be filed.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
UNITED STATES MAGISTRATE JUDGE

2