In re: Kaiser Group International Inc et al

Filing 5

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/8/18. (cak)

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

:
:
KAISER GROUP INTERNATIONAL, INC., :
et al.,
:
:
Debtors.
:
__________________________________ :
:
KAISER GROUP INTERNATIONAL,
:
INC., et al.,
:
:
Appellants,
:
:
v.
:
:
ARCELORMITTAL OSTRAVA A.S.
:
(FORMERLY NOVA HUT, A.S.),
:
:
Appellee.
:

C. A. No. 18-100-LPS
Bankruptcy Case No. 00-2263 (MFW)
Adv. No. 01-926 (MFW)

RECOMMENDATION
At Wilmington this 8th day of February, 2018.
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. This matter was referred for arbitration for which an award was

issued. This award was confirmed by the Bankruptcy Court, and resulted in this appeal.
The parties agree that mediation would be unproductive.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. 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 expected.
In addition, the parties request that the following briefing schedule be entered:
Appellants’ Opening Brief

April 26, 2018

Appellee’s Answering Brief

May 25, 2018

Appellants’ Reply Brief

June 21, 2018

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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