Beskrone et al v. KORE Capital Corporation

Filing 12

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Christopher J. Burke on 7/17/23. (rcl)

Case 1:23-cv-00620-MN Document 12 Filed 07/17/23 Page 1 of 2 PageID #: 134

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

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MOON GROUP, INC., et al.,
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Debtors.
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_____________________________________ )
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DON A. BESKRONE, CHAPTER 7
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TRUSTEE OF MOON GROUP, INC., et al., )
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Appellants,
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v.
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KORE CAPITAL CORPORATION,
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Appellee.
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_____________________________________ )

Chapter 11
Bankruptcy Case No.: 21-11140-JKS

Civil Action No. 23-620-MN

ORDER
At Wilmington, Delaware, this 17th day of July, 2023.
WHEREAS, pursuant to Section 2(a) of the Procedures to Govern Mediation of Appeals
from the United States Bankruptcy Court for this District (“Procedures”), dated September 11,
2012, 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 do not agree that their disputes here can be resolved through
mediation and the Court agrees;
THEREFORE, pursuant to Section 2(b)(ii) of the Procedures, the Court determines that
mediation is not appropriate in this matter and recommends that the assigned District Judge issue

Case 1:23-cv-00620-MN Document 12 Filed 07/17/23 Page 2 of 2 PageID #: 135

an order withdrawing the matter from mediation and setting the following appellate briefing
schedule (agreed to by the parties):
Appellant’s Opening Brief:

Due 45 days after entry of a
Scheduling Order

Appellees’ Response Brief

Due 45 days after the deadline
for Appellant’s Opening Brief

___________________________________
Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE