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Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation.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)

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

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