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Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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)

Download PDF
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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court. Since the parties requested this matter be withdrawn from mandatory mediation, objections to this Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), FED.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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?