In re: Nuverra Environmental Solutions, Inc., et al.

Filing 25

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/12/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE:

:
:
NUVERRA ENVIRONMENTAL
:
SOLUTIONS, INC., et al.,
:
:
Debtors.
:
__________________________________ :
:
DAVID HARGREAVES,
:
:
Appellant,
:
:
v.
:
:
NUVERRA ENVIRONMENTAL
:
SOLUTIONS, INC., et al.,
:
:
Appellees.
:

Chapter 11
Case No. 17-10949 (KJC)
(Jointly Administered)

C. A. No. 17-1024-RGA

RECOMMENDATION
At Wilmington this 12th day of September, 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. Prior attempts among the parties to resolve this matter have
been unsuccessful.

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
the parties are in agreement that this matter should be withdrawn from mandatory
mediation, no objections to this Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B),
FED. R. CIV. P. 72(a) and D. DEL. LR 72.1 are anticipated.
The parties are unable to agree on a propose briefing schedule. The
issue on which disagreement exists is whether dispositive motions and merits briefing
should proceed simultaneously, as requested by Appellant, or whether merits briefing
should occur only after dispositive motions are ruled upon, as requested by Appellees.
Appellant’s proposed briefing schedule:
Opening Briefs

Later of October 16, 2017 and 30 days from
entry of the District Court’s scheduling order

Responses

30 days after filing of the opening briefs

Replies

20 days after filing of the responses.

Appellees’ proposed briefing schedule:
Dispositive Motions

Later of October 16, 2017 and 30 days from
entry of the District Court’s scheduling order

Response

30 days after the filing of dispositive motions

Reply

20 days after filing of the response to the
dispositive motion

Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge Mary Pat Thynge