In Re: RGN-Group Holdings, LLC, et al.

Filing 9

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 5/12/2022. (Taylor, Daniel)

Case 1:22-cv-00383-RGA Document 9 Filed 05/12/22 Page 1 of 2 PageID #: 61

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re:

RGN-Group Holdings LLC, et al.,

Bankruptcy Case No. 20-11961

Debtors.

RGN-Group Holdings, LLC,
Appellant,
v.

C.A. No. 22-383-RGA

Teachers Insurance and Annuity
Association of America,

Bankr. BAP No. 22-28

Appellee.

RECOMMENDATION
At Wilmington this 12th day of May, 2022.
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;
WHEREAS, as a result of the above screening process, the issues involved in

1

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

Case 1:22-cv-00383-RGA Document 9 Filed 05/12/22 Page 2 of 2 PageID #: 62

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.
This Appeal largely presents questions of law, as well as facts, that arise entirely
from this action’s sister case 2 pending before Judge Andrews. This Appeal involves an
order awarding attorneys’ fees and the sister case involves an appeal of the underlying
merit-related order upon which the attorneys’ fees order is predicated. In the sister
case, the parties engaged in mediation before Magistrate Judge Christopher J. Burke,
which was unsuccessful. Therefore, neither party believes that a formal mediation
would be productive at this time. This judge agrees.
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for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory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.
Because this Recommendation is consistent with the parties’ joint request, no
objections 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.

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

2

RGN-Group Holdings, LLC et al. v. Teachers Insurance and Annuity
Association of America, C.A. No. 21-1430-RGA.
2