In Re: HomeBanc Mortgage Corp., et al.

Filing 27

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 8/4/17. (kjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: HomeBanc Mortgage Corp., et al,
C'")

~~

Debtors.

(1)::0

......

:::::!c::

>

-t:X

n·
<=
!'ft"11 en
ooI
""'1 U> r . .i:--i:

GEORGE L. MILLER, Chapter 7
Trustee for the Estate of Home Banc Corp. :

0

-1 fll

rri::oO
r-l:>o

::...

~C"")

CD

_--.

Appellant,

:x.

~o

..

me

C. A. No. 17-797-RGA
~
Bankruptcy Case No. 07-11097 (KJC)
Ad. Proc. No. 07-51740 (KJC)

v.
BEAR STEARNS & CO, INC.,
et al.,
Appellees.

RECOMMENDATION
At Wilmington this

4th

day of August, 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, 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. Further, the parties previously resolved the cross-claims that
were amenable to settlement and do not believe further resolution will occur through
mediation.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. In light
of the parties' letter report of July 11, 2017, objections to this Recommendation are not
anticipate.
The parties request the following briefing schedule be entered:
Appellant's Opening Brief
not to exceed twenty (20) pages

September 13, 2017

Appellee's Response Brief
. not to exceed twenty (20) pages

October 20, 2017

Appellant's Reply Brief
not to exceed ten ( 10) pages

October 30, 2017

Local counsel are obligated to inform out-of-state counsel of this Order.

Isl Mary Pat Thynge
Chief U.S. Magistrate Judge Mary Pat Thynge

·2