In re: DNIB UNWIND, INC. et al.
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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
C. A. No. 17-945-GMS
At Wilmington this
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. 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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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
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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