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Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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)

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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Mediation of Appeals from the United States Bankruptcy Court for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory referral for mediation and proceed through the appellate process of this Court.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

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