In re: TK Holdings, Inc.

Filing 4

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/17/20. ***Copy sent to Appellant to his address of record on 11/17/20.*** (cak)

Case 1:20-cv-01480-RGA Document 4 Filed 11/17/20 Page 1 of 2 PageID #: 35

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: TK Holdings, Inc., et al.

:
:
Debtors.
:
__________________________________ :
:
JAMES F. DeBOUNO, JR.,
:
:
Appellant,
:
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v.
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TK HOLDINGS, INC.,
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:
Appellees.
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Chapter 11
Case No. 17-11375 (BLS)

C. A. No. 20-1480-RGA

RECOMMENDATION
At Wilmington this 17th day of November, 2020.
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 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 Appellant is one of a number of claimants whose claims were
affected by Judge Brendan L. Shannon’s ruling on October 21, 2020. Attached to his
supplemental Order Granting the Third, Eighth, and Ninth Omnibus Objections of Eric
D. Green, in his Capacity as Trustee of the Takata Airbag Tort Compensation Trust

Case 1:20-cv-01480-RGA Document 4 Filed 11/17/20 Page 2 of 2 PageID #: 36

Fund, (Substantive) to No Liability Claims is attached Exhibit A, which contains the
names of 10 other individuals in addition to the present Appellant, who were affected by
Judge Shannon’s decision. Since the Trustee’s role is as the Trustee of the Takata
Airbag Tort Compensation Fund, mediation with one claimant would result in a
piecemeal approach to resolution.
No briefing schedule for this appeal is being suggested in this
Recommendation.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Through
this Recommendation, the parties are advised of their right to file objections to this
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), F ED. R. CIV. P. 72(a) and D.
DEL. LR 72.1.
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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