In re: The Weinstein Company Holdings LLC, et al

Filing 4

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/7/2021. (Taylor, Daniel)

Case 1:21-cv-01151-MN Document 4 Filed 09/07/21 Page 1 of 3 PageID #: 43

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re:

:
:
THE WEINSTEIN COMPANY
:
HOLDINGS LLC, et al.,
:
:
Debtor.
:
__________________________________ :
:
SPYGLASS MEDIA GROUP, LLC,
:
:
Appellant,
:
:
v.
:
:
ROBERT WEINSTEIN,
:
:
Appellee.
:
__________________________________ :

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

C.A. No. 21-1151-MN
Bankr. BAP No. 21-57

RECOMMENDATION
At Wilmington this 7th day of September, 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.
1

Case 1:21-cv-01151-MN Document 4 Filed 09/07/21 Page 2 of 3 PageID #: 44

The parties do not agree of whether mediation would be productive. Appellant
believes it would not based on its disagreement with the Bankruptcy Court’s ruling and
the potential business implications under the Assets Purchase Agreement. As a result,
it requests this matter be removed from mandatory mediation and the following briefing
schedule be adopted:
September 30, 2021 1
November 1, 2021
November 16, 2021

Appellant’s Opening Brief
Appellees Answering Brief
Appellant’s Reply Brief

Appellee agrees with the lower court’s ruling and believes that the matter could
be effectively mediated including the business implications under the Asset Purchase
Agreement. Certain necessary financial information previously requested would be
required to allow the greatest chance of success for mediation. If this matter is
removed from mandatory mediation, however, he agrees to the proposed briefing
schedule of Appellant.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 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 are anticipated.
Local counsel are obligated to inform out-of-state counsel of this Order.

1

Appellant requests a time of 4:00 p.m. for filing of each of the briefs on their
due dates.
2

Case 1:21-cv-01151-MN Document 4 Filed 09/07/21 Page 3 of 3 PageID #: 45

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

3