In re: Millennium Lab Holdings II, LLC, et al

Filing 19

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/6/17. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

:
:
MILLENNIUM LAB HOLDINGS II, LLC,
:
et al.,
:
:
Debtors.
:
__________________________________ :
:
OPT-OUT LENDERS,
:
:
Appellants,
:
:
v.
:
:
MILLENNIUM LAB HOLDINGS II, LLC,
:
et al., TA MILLENNIUM, INC., and
:
JAMES SLATTERY,
:
:
Appellees.
:

Chapter 11
Bankruptcy Case No. 15-12284 (LSS)

C. A. No. 17-1461-LPS
BAP No. 17-39

RECOMMENDATION
At Wilmington this 6th day of November, 2017.
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;
Prior to confirmation of the Plan, the parties engaged in settlement
discussions. Based on these prior settlement efforts and the parties’ respective
positions as contained in their joint letter regarding mandatory mediation, both
requested the appeal be removed from mandatory mediation and allowed to proceed

through the briefing on appeal.
The parties propose the following briefing schedule:
Friday, January 26, 2018

Appellants filed their opening brief on appeal
and Appellees file their motion to dismiss the
appeal.

Wednesday, March 28, 2018

Appellees file their responsive brief on appeal
and Appellants file their opposition to dismiss
the appeal.

Wednesday, April 18, 2018

Appellants file their reply brief on appeal and
Appellees file their reply brief in support of their
motion to dismiss the appeal.

Oral Argument

After completion of the briefing contemplated
above at the Court’s convenience.

As a result of the above screening process, 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.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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
this Recommendation is consistent with the parties’ request, 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 not expected.
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
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