In re: The Weinstein Company Holdings LLC et al

Filing 12

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 3/1/21. (cak)

Case 1:21-cv-00171-MN Document 12 Filed 03/01/21 Page 1 of 2 PageID #: 383

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re:

:
:
THE WEINSTEIN COMPANY HOLDINGS :
LLC, et al.,
:
:
Debtors.
:
__________________________________ :
:
WEDIL DAVID, DOMINIQUE HUETT,
:
ALEXANDRA CANOSA and AIMEE
:
MCBAIN,
:
:
Appellants,
:
:
v.
:
:
THE WEINSTEIN COMPANY HOLDINGS :
LLC, et al. and the OFFICIAL
:
COMMITTEE OF UNSECURED
:
CREDITORS,
:
:
Appellees.
:

Chapter 11
Bankruptcy Case No, 18-10601 (MFW)

C. A. No. 21-171-MN

RECOMMENDATION
At Wilmington this 1st day of March, 2021.
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

Case 1:21-cv-00171-MN Document 12 Filed 03/01/21 Page 2 of 2 PageID #: 384

expense of the process.
Although one party has some interest in mediation, the other does not
believe that mediation would lead to a consensual resolution of this matter.
As a result, the parties, without waiving any rights or arguments,
requested this appeal be removed from mandatory mediation. They further propose the
following briefing schedule be entered:
Appellants’ Opening Brief

April 12, 2021

Appellees’ Response

May 26, 2021

Appellants’ Reply

June 25, 2021

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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 are anticipated 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.
Local counsel are obligated to inform out-of-state counsel of this Order.

/s/ Mary Pat Thynge
Chief U.S. Magistrate Judge

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