In re: Mallinckrodt plc, et al.

Filing 11

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/12/2021. **Pro Se Appellant Notified by electronic mail on 10/12/2021** (Taylor, Daniel)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: : : MALLINCKRODT PLC, et al., : : Debtor. : __________________________________ : : DARREL EDELMAN, : : Appellant, : : v. : : Mallinckrodt PLC, et al., : : Appellee. : __________________________________ : Chapter 11 Bankruptcy Case No. 20-12522 (JTD) C.A. No. 21-1271-LPS Bankr. BAP No. 21-62 RECOMMENDATION At Wilmington this 12th day of October, 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, this Judge reviewed the documents filed on this Court’s docket regarding an appeal of an Order by the Honorable John T. Dorsey of the Bankruptcy Court entered August 26, 2021, that is, the Order Denying Motion to Establish a Bar Date for Opioid Claimants. The appeal was file by Appellant on September 7, 2021, to which the Order of the Bankruptcy Court was attached. D.I. 1. This appeal was assigned to the Honorable Leonard P. Stark on Septem ber 15, 2021. On October 5, 2021, a Joint Motion to Intervene was filed by the Government Plaintiff Ad Hoc Committee, the Multistate Governmental Entities Group (“MSGE Group”), the Future Claimants’ Representative (“FCR”), together comprising the “Proposed Intervenors” for an order granting the Proposed Intervenors leave to intervene in this bankruptcy appeal. Thereafter, on October 6, 2021, a teleconference was held with this Judge involving all interested parties. As a result of this teleconference, the Appellant, the Appellee, Mallinckrodt plc, and the Proposed Intervenors agreed that the Order to be addressed on this appeal is 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 Appeal deals with purely legal issues. The Appellant, Appellee and the Proposed Interv enors plan to propose a joint briefing schedule in this matter. If they are unable to reach agreement in this regard, a briefing schedule will be required. 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 because, as presented herein, it is consistent with the telephonic discussion held on October 6, 2021. /s/ Mary Pat Thynge Chief U.S. Magistrate Judge Mary Pat Thynge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?