In re: Healthcare Real Estate Partners, LLC

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/8/17. (cak)

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

:
:
Healthcare Real Estate Partners, LLC
:
:
Debtors.
:
__________________________________ :
:
HEALTHCARE REAL ESTATE
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PARTNERS, LLC,
:
:
Appellant,
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v.
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:
SUMMIT HEALTHCARE REIT, INC.,
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et al.,
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:
Appellees.
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C. A. No. 17-1555-MEM
Bankruptcy Case No. 16-50981
BAP 17-42

RECOMMENDATION
At Wilmington this 8th day of December, 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, consistent with the Oral Order of November 6, 2017, counsel
provided their joint letter on November 20, 2017.1 As a result of the Court’s review of
the joint letter, a teleconference was held on December 7, 2017 for further review and
discussion with counsel to determine the appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, mediation at this
stage would not be a productive exercise, a worthwhile use of judicial resources nor
1

Since the joint letter addresses mediation, it is not docketed. See D.I.3.

warrant the expense of the process. Further, the parties previously mediated this
matter with the assistance of the Honorable Judith K. Fitzgerald (Ret.) without success.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 have advised there will be no objections 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.
If acceptable to the Court, the parties will submit a proposed briefing
schedule on or before December 18, 2017.
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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