In re: Energy Future Holdings Corp. et al
Filing
22
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 7/25/2018. Associated Cases: 1:18-cv-00877-RGA, 1:18-cv-00878-RGA(fms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: ENERGY FUTURE HOLDINGS )
CORP., ET AL.,
) Chapter 11
) Bk. No. 14-10979 (CSS)
) BAP No. 18-33
) BAP No. 18-34
Debtors.
)
)
)
SHIRLEY FENICLE, ET AL.,
)
)
)
Appellants,
)
)
v.
) Civ. No. 18-877-RGA
) Civ. No. 18-878-RGA
)
EFH PLAN ADMINISTRATOR BOARD, )
ET AL.,
)
)
Appellees.
)
RECOMMENDATION
At Wilmington this 25th day of July, 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 these matters;
WHEREAS, as a result of the above screening process, the issues
involved 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.
As noted by the parties, none believe that mediation would be productive at the
present time, nor feel that the issues involved in the appeals are amenable to mediation
or would be a productive use of judicial resources. Further, on June 18, 2018,
Appellants filed a motion to remove these appeals from mediation and for expedited
briefing and a hearing. Regarding a proposed briefing schedule on these appeals, the
parties have completed briefing on their positions concerning the motion to expedite,
which addresses the schedule for briefing and consideration of the appeal.
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for this District and 28 U.S.C. § 636(b), these matters be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. Since
the parties are in agreement to withdrawing these matters from mandatory mediation,
no objections 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 response to this Recommendation
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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