Lockton Companies, LLC et al v. Cred Inc. Liquidation Trust

Filing 14

ORDER ADOPTING (13 in 1:23-cv-00210-MN) (7 in 1:23-cv-00211-MN) Recommendation - IT IS HEREBY ORDERED that the Recommendations are ADOPTED and these matters are withdrawn from the mandatory referral for mediation. IT IS FURTHER ORDERED that, at th e request of counsel, these matters are CONSOLIDATED for all purposes. All papers shall be filed in lead case C.A. No. 23-210 (MN). IT IS FINALLY ORDERED that the Court ADOPTS and ORDERS the following agreed-upon briefing schedule - Appellant Brief due by 4/20/2023. Appellee Brief due by 5/22/2023. Appellant Reply Brief due by 6/21/2023. Signed by Judge Maryellen Noreika on 3/21/2023. (dlw)

Case 1:23-cv-00210-MN Document 14 Filed 03/21/23 Page 1 of 2 PageID #: 116

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

)
)
)
)
)

CRED INC., et al.,
Debtors.
LOCKTON COMPANIES, LLC;
LOCKTON COMPANIES, LLC-PACIFIC
SERIES d/b/a LOCKTON INSURANCE
BROKERS, LLC,
Appellants,
v.
CRED INC. LIQUIDATION TRUST,
Appellee.
UPHOLD HQ INC.,
Appellant,
v.
CRED INC. LIQUIDATION TRUST, et al.,
Appellees.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Chapter 11
Case No. 20-12836 (JTD)
(Bankr. D. Del.)

C.A. No. 23-210 (MN)
BAP No. 23-00008

C.A. No. 23-211 (MN)
BAP No. 23-00009

ORDER
At Wilmington, this 21st day of March 2023;
WHEREAS, on March 21, 2023, Chief Magistrate Judge Mary Pat Thynge issued
Recommendations (D.I. 13 in C.A. No. 23-210; D.I. 7 in C.A. No. 23-211) recommending that
these matters be withdrawn from the mandatory referral for mediation and proceed through the
appellate process of this Court; and

Case 1:23-cv-00210-MN Document 14 Filed 03/21/23 Page 2 of 2 PageID #: 117

WHEREAS, no objections to the Recommendations are anticipated because the
Recommendations are consistent with the parties’ positions (id. at 3); and
WHEREAS, the Court finds no clear error on the face of the record and does not find the
Recommendations to be clearly erroneous or contrary to law.
THEREFORE, IT IS HEREBY ORDERED that the Recommendations are ADOPTED and
these matters are withdrawn from the mandatory referral for mediation.
IT IS FURTHER ORDERED that, at the request of counsel (Id. at 2-3), these matters are
CONSOLIDATED for all purposes. All papers shall be filed in lead case C.A. No. 23-210 (MN).
IT IS FINALLY ORDERED that the Court ADOPTS and ORDERS the following agreedupon briefing schedule (Id. at 2):
Appellants’ Opening Brief

April 20, 2023

Appellees’ Response Brief

May 22, 2023

Appellants’ Reply Brief

June 21, 2023

The Honorable Maryellen Noreika
United States District Judge

2