In Re: EHT US1, INC., et al.

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/14/2021. (Taylor, Daniel)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:

:
:
EHT US1, Inc., et al.,
:
:
Debtor.
:
__________________________________ :
:
EHT ASSET MANAGEMENT, LLC,
:
TAYLOR WOODS, and HOWARD WU,
:
:
Appellants,
:
:
v.
:
:
URBAN COMMON QUEENSWAY, LLC, :
:
Appellee.
:
__________________________________ :

Chapter 11
Bankruptcy Case No. 21-10036 (CSS)
Bankruptcy ADV No. 21-50476-CSS

C.A. No. 21-1467-MN
Bankr. BAP No. 21-72

RECOMMENDATION
At Wilmington this 14th day of December, 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,1 to determine the appropriateness of mediation in this matter;
In response to an Oral Order issued at D.I. 3 on 10/22/21, the parties prov ided
their joint response as ordered on 11/22/21. T herein the parties requested that they be
excused from mandatory mediation pending the Court’s ruling on Appellee’s motion to
dismiss this appeal as untimely. D.I. 4. This motion has been fully briefed and is
1

Written information was provided by counsel for the parties which is not made
part of the court record because it relates to mediation.

pending decision.
Regarding the briefing schedule in this Court, the parties requested that it be
held in abeyance pending the ruling on the motion to dismiss. If this motion is denied,
the parties proposed to submit a further joint letter proposing a merits briefing schedule
within ten (10) days of the entry of any order denying the motion to dismiss.
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.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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 in the
format as requested by the parties as noted herein. This Magistrate Judge does not
believe that the parties will object 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, since it is consistent with the
parties’ request.
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