In re: Energy Future Holdings Corp., et al

Filing 4

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/20/17. (cak)

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

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ENERGY FUTURE HOLDINGS CORP,
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et al.,
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Debtors.
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__________________________________ :
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NEXTERA ENERGY, INC.,
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Appellant,
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v.
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ENERGY FUTURE HOLDINGS CORP.,
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ELLIOTT ASSOCIATES, L.P., et al.,
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Appellees.
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C. A. No. 17-1546-RGA
Bankruptcy Case No. 14-10979
ADV No. 17-50942 (CSS)
BAP No. 17-41

RECOMMENDATION
At Wilmington this 20th day of November, 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, the present appeal involves a decision rendered on a motion
for reconsideration issued on October 18, 2017. The appeal was filed in this court on
October 31, 2017.
WHEREAS, consistent with the Oral Order entered in this court on
November 6, 2017, counsel advised in a joint letter dated November 17, 2017 of the

following. On November 10, 2017, the parties jointly certified to the Bankruptcy Court
that a direct appeal of the Reconsideration Order to the Third Circuit Court of Appeals
was appropriate. The Bankruptcy Court certified the present appeal for direct
consideration by the Third Circuit on November 14, 2017. This certification was
transmitted to the Third Circuit on the same date. Appellant will be filing its petition with
the Third Circuit requesting that court to authorize a direct appeal and order expedited
briefing on the appeal.
The parties further advised should the Third Circuit decline to authorize a direct
appeal, that they intend to request an expedited appeal and propose a similar briefing
schedule in this court that was proposed to the Third Circuit
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a) of
the Procedures to Govern Mediation of Appeals from the United States Bankruptcy
Court, that this matter be withdrawn from the mandatory referral for mediation for the
reasons noted herein. It is not expected objections will be filed 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 in light
of the parties’ joint request to have this matter removed from mandatory mediation.
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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