In re: Chaparral Energy, Inc. et al.

Filing 10

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. The parties request the following briefing schedule: Opening Brief for Appellant and any party supporting Appellants appeal 45 days after entry of order withdrawing the matter from mediation; Answering Brief 45 days after filing and service of opening brief; Reply Brief 21 days after filing and service of answering brief. Signed by Judge Mary Pat Thynge on 6/26/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Chaparral Energy et al.
:
:
Debtors.
:
__________________________________ :
:
CHAPARRAL ENERGY LLC
:
:
Appellant,
:
:
v.
:
:
NAYLOR FARMS, INC. and
:
HARREL’S LLC
:
Appellees.
:

C. A. No. 17-701-GMS
Bankruptcy Case No. 16-11144-LSS

RECOMMENDATION
At Wilmington this 26TH day of June, 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 information
from counsel through a letter dated June 23, 2017, 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. The parties requested that the matter be removed from
mandatory mediation on the basis that mediation would not be productive. The parties

advised that efforts were made to resolve their differences, but remain very far apart
and there is no adequate middle ground.
The parties further request that the following briefing schedule be entered for the
appeal:
Opening Brief for Appellant and
any party supporting Appellant’s
appeal

45 days after entry of order
withdrawing the matter from
mediation

Answering Brief

45 days after filing and service of
opening brief

Reply Brief

21 days after filing and service of
answering brief

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since the this Recommendation is consistent with the parties’
requests, no objections should be filed.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge

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