In Re: Healthcare Real Estate Partners, LLC

Filing 8

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 6/4/2024. (nmf)

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

)
)
HEALTHCARE REAL ESTATE
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PARTNERS, LLC,
)
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Debtor.
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_____________________________________ )
SUMMIT HEALTHCARE REIT, INC.,
)
RICHARD G. PETERS, LEROY J. BLAKE, )
ROXIE M. BYBEE, JAMES D. FRANKLIN, )
JOHN BAIKIE, JOHN JACOB
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SPECKMANN, ARNOLD GOLDENBAUM, )
MARK SAULIC and BRYAN TAYLOR,
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)
Appellants
)
)
v.
)
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HEALTHCARE REAL ESTATE
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PARTNERS, LLC,
)
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Appellee.
)
_____________________________________ )

Chapter 7
Bankruptcy Case No. 15-11931-CTG
Bankr. BAP No. 23-0030

Civil Action No. 23-585-GBW

ORDER
At Wilmington, Delaware, this 4th day of June 2024,
WHEREAS, pursuant to Section 1 of the Procedures to Govern Mediation of Appeals
from the United States Bankruptcy Court for this District (“Procedures”), dated July 19, 2023,
the Court conducted an initial review of this matter, including having gathered information from
the parties and their counsel, in order to determine the appropriateness of mediation for the case;
WHEREAS the parties jointly agree that their disputes here cannot be resolved through
mediation and the Court agrees;
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THEREFORE, pursuant to Section 1 of the Procedures, the Court determines that
mediation is not appropriate in this matter and recommends that the assigned District Judge issue
an order withdrawing the matter from mediation and setting the following appellate briefing
schedule (agreed to by the parties):
1. Appellants must file their opening brief on the Section 362(k) Appeal by July 15,
2024;
2. Appellee must file its consolidated opening brief on the Cross-Appeal and Section
303(i) Appeal and its response brief on the Section 362(k) Appeal by August 14,
2024;
3. Appellants must file their consolidated reply brief in support of the Section 362(k)
Appeal and their response brief on the Cross-Appeal and Section 303(i) Appeal by
August 28, 2024; and
4. Appellee must file its reply brief on issues raised in their opening brief on the Cross
Appeal and Section 303(i) Appeal by September 12, 2024.

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE

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