In re: Mallinckrodt plc, et al
Filing
8
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 4/30/2021. (Taylor, Daniel)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:
:
:
MALLINCKRODT PLC, et al.,
:
:
:
Debtors.
:
:
__________________________________ :
:
CITY OF ROCKFORD, et al.,
:
:
Appellants,
:
:
v.
:
:
MALLINCKRODT PLC, et al.,
:
:
Appellees.
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Chapter 11
Bankruptcy Case No. 20-12522 (JTD)
(Jointly Administered)
C.A. No. 21-398-LPS
RECOMMENDATION
At Wilmington this 30th day of April, 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
expense of the process.
The parties have met and conferred in good faith efforts as to resolution of this
matter. Given the nature of the relief granted by the Bankruptcy Court and the issues
on appeal , neither believe that mediation would be fruitful.
The parties have propose the following briefing schedule on the merits be
entered by this Court:
Appellants’ Opening Brief
Monday, June 21, 2021
Appellees’ Response Brief
Wednesday, July 21, 2021
Appellants’ Reply Brief
Thursday, August 5, 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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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. Since
this Recommendation is consistent with the parties’ request, 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 Mary Pat Thynge
2
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