In re: TE Holdcorp LLC et al.

Filing 7

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 6/25/2021. (Taylor, Daniel)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re:

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TE HOLDCORP, LLC, et. al.,
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Debtor.
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__________________________________ :
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SPITFIRE ENERGY GROUP, LLC,
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Appellant,
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v.
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PRESIDIO PETROLEUM, LLC
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Appellee.
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__________________________________ :
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SPITFIRE ENERGY GROUP, LLC,
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Appellant,
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v.
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PRESIDIO PETROLEUM, LLC
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Appellee.
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Chapter 11
Bankruptcy Case No. 20-11442 (JKS)
BAP 21-00032
BAP 21-00033

C.A. No. 21-779-CFC

C.A. No. 21-780-CFC

RECOMMENDATION
At Wilmington this 25th day of June, 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 informally explored and are continuing to do so potential
business resolution which may render further litigation efforts unnecessary. However,
the appeals largely present questions of law not easily subject to compromise. Neither
party believe formal mediation would be productive at this time.
The parties request the following briefing schedule be entered:
Appellant’s Opening Brief

Sixty (60) days of the date on which an
order approving the briefing schedule is
entered.

Appellee’s Responsive Brief

Forty-five (45) days after the filing of
Appellant’s Opening Brief.

Appellant’s Reply Brief

Ten (10) after Appellee’s filing of its
Responsive Brief.

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. Because
this Recommendation is consistent with the parties’ request, 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 anticipated.
Local counsel are obligated to inform out-of-state counsel of this Order.

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

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