In re: DNIB UNWIND, INC. et al.

Filing 10

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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

CAPITAL MANAGEMENT FUND, LP
Appellant,

v.

C. A. No. 17-945-GMS

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GEOFFREYL.BERMAN,TRUSTEE
Appellee.

RECOMMENDATION

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At Wilmington this

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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. The parties advised that the issues on appeal are unlikely to
be resolved by 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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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.

The parties request that the following briefing schedule be entered:
Appellant's opening brief

August28,2017

Appellee's answering brief

September 27, 2017

Appellant's reply brief

October 11, 2017

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

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

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